CCPC Minutes 10/03/2002 ROctober 3, 2002
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PLANNING COMMISSION
Naples, Florida, October 3, 2002
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 8:30 AM in REGULAR SESSION in Building "F
of the Government Complex, East Naples, Florida, with the following
members present:
CHAIRMAN:
Kenneth Abemathy
Frank Fry
Paul Mindy
Lindy Adelstein
Russell Budd
Dwight Richardson
David Wolfley
Mark Strain
Lora Jean Young
ALSO PRESENT:
Joe Schmitt, Community Dev. & Environmental Serv.
Kay Deselem, Principal Planner, Planning Serv. Dept.
Ray Bellows, Chief Planner, Planning Serv. Dept.
Marj orie Student, Assistant Attorney
Greg Garcia, Principal Planner, Trans. Planning Dept.
Don Schneider, Principal Planning, Planning Serv. Dept.
Fred Reischl, Principal Planning, Planning Serv. Dept.
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AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 3, 2002 IN THE
SUPERVISIOR OF ELECTIONS MEETING ROOM, MAR/IN LUTHER KING JlA. BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINU'rES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO KECOGNIT~.r) BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBM/T SAID MATERIAL A
MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN
ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY TI-IE
CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A
MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL
MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR
PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF
APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TH~
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. APPROVAL OF MINUTES: SEPTEMBER 5, 2002 AND AMENDED MINUTES OF AUGUST 1, 2002
5. PLANNING COMMISSION ABSENCES
6. BCC REPORT- RECAPS- SEPTEMBER 10, 2002
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
VA-2002-AR-2432, Stan Wittemore, representing W. Belden & Georgeue Burns, requesting a 5-foot
rear yard variance from the required 30 feet to 25 feet for property located at 275 Kings Way, further
described as Lot 13, Block G, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier
County, Florida. (Coordinator: Fred Reischl)
Bo
VA-2002-AR-2445, Douglas R. Eaton, PSM, representing Ben Arledge, requesting a variance in the
Estates "E" zoning district fi:om the required 75 foot front setback along NE 33'a Avenue (south
boundary), to allow a 30 foot wide front setback for property located at 4175 33'~ Ave N.E., further
described as Lot 70, Golden Gate Estates, Unit 67A, Plat Book 9, page 47 as recorded in Collier
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9-24-02/CCPC Ag~nda/SM/~p
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Do
County public records, Collier County, Florida in Section 21, Township 48 South, Range 28 East,
Collier County, Florida. (Coordinator: Kay Deselem)
PUDZ-2001-AR-1639, Robert L. Duane, AICT, of Hole Montes, Inc., representing The Strand LTD. A
Florida Limited Partnership, requesting a rezone from PUD to PUD for the option of 120 residential
units in lieu of 140 motel/hotel units for property located at the intersection of Immokalee Road and 1-
75, Pelican Strand Subdivision, in Sections 18 and 19, TownshiP'48 South, Range 26 East, Collier
County, Florida. (COMPANION TO DOA-2001-AR-1638) (Coordinator: Fred Reischl)
DOA-2001-AR-1638, Robert L. Duane, AICP, of Hole Montes, Inc., representing Hardy Development
Group Inc., requesting an amendment to the Pelican Strand DRI for the purpose of reducing the
number of dwelling units from 1,200 to 1,160 and to allow for the option of 120 dwelling units to be
developed within the commercial portion of the DR/in lieu of 140 hotel/motel units for property
located at the intersection of Immokalee Road and 1-75, Pelican Strand Subdivision, in Sections 18 and
19, Township 48 South, Range 26 East, Collier County, Florida. (COMPANION TO PUDZ-2001-
AR-1639) (Coordinator: Fred Reisehl)
9.
10.
11.
12.
PUDA-2002-AR-2566, Robert J. Mulhere, AICP, of RWA, Inc., representing J.E.D of Southwest
Florida, Inc., and Colony Corporate Centre, Inc., requesting an amendment to the Pelican Marsh
PUD/DR/for the purpose of amending the PUD document to revise the leasable floor area of 331,400
to allow for 26,000 square feet for medical offices, for property located north of Vanderbilt Beach
Road (C.R. 901) and east of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South,
Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida.
(COMPANION TO DOA-2002-AR-2567) (Coordinator: Michael Bosi)
Fe
DOA-2002-AR-2567, Robert J. Mulhere, AICP, of RWA, Inc., representing J.E.D. of Southwest
Florida, Inc., and Colony Corporate Centre, Inc., requesting an amendment to the Pelican Marsh DRI
for the purpose of increasing gross floor area for medical office use to 26,000 square feet and to
correct a scrivener's error that occurred in a 1999 amendment which left out the phrase "office
commercial use, with up to 9,000" causing a conflict between the Development Order and the PUD for
property located north of Vanderbilt Beach Road (C.R. 901) and east of Livingston Road, in Sections
25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range
26 East, Collier County, Florida. (COMPANION ITEM TO ,PUDA-2002-AR-2566) (Coordinator:
Michael Bosi)
Ge
RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee,
requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the east side
of Veterans Parkway, in Section 26, Township 48 South, Range 25 East, Collier County, Florida.
(Coordinator: Fred Reischl)
OLD BUSINESS
NEW BUSINESS: PRESENTATION OF WRITTEN MATERIALS (Presentation by: Ray Bellows)
PUBLIC COMMENT ITEM
DISCUSSION OF ADDENDA
ADJOURN
9-24-02/CCPC Asend~/SM/~p
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October 3, 2002
7.
7A.
Pledge of Allegiance was recited.
The meeting was called to order at 8:32 by Chairman Kenneth Abernathy.
Roll Call was taken - a Quorum was established.
Addenda to the Agenda - Mrs. Young moved to ratify and approve the Agenda
as per Ray Bellows. Seconded Mr. Adelstein. Carried Unanimously.
Mr. Bellows mentioned Item C & D -PUDZ-2001-AR-1639, Robert L. Duane,
AICP, of Hole Montes, Inc., representing The Strand LTD and DOA-2001-AR-
1638, Robert L. Duane, AICXP, of Hole Montes, Inc., representing Hardy
Development Group Inc. will be continued until the next meeting.
Mr. Richardson moved to continue the two PUD's mentioned until the next
meeting. Seconded Mrs. Young. Carried Unanimously.
The Eastern Lands meeting and Concurrency Amendments were discussed. Joe
Schmitt explained the time frames and procedures.
Mr. Mindy arrived at 8:45 AM.
It was noted that the Election of Officers was omitted from the Agenda.
Mr. Richardson moved to add it to the Agenda at 7A under Chairman's
Report. Seconded Mrs. Young. Carried Unanimously.
Approval of Minutes - September 5, 2002 and Amended Minutes of
August 1, 2002.
Mr. Richardson moved to approve Minutes of Sept. 5, 2002 and Amended
Minutes of August 1, 2002, Seconded, Carried Unanimously.
Planning Commission Absences: Mrs. Young stated she will not be able to
attend the October 17th, 2002 meeting.
BCC Report- Recaps - September 10, 2002 -None
Chairman's Report - None
Mr. Strain complimented the officers in doing such a good job and moved
they keep the same set of officers for the 2002-2003 year. Seconded
Mr. Budd. Carried Unanimously.
Advertised Public Hearings:
A. VA-2002-AR-2432 - Stan Wittemore, representing W. Belden &
Georgeue Burns, requesting a 5 foot rear yard variance from the
required 30 feet to 25 feet for property located at 275 Kings Way,
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October 3, 2002
further described as Lot 13, Bock G, Foxfire Unit 3, in Section 6,
Township 50 Sdouth, Range 26 East, Collier County, Florida.
Those testifying were sworn in by Mr. Kenneth Abemathy.
Mr. Fred Reishl - Planning Services Dept. - He noted that staff has advised the
petitioner's agent that if additional homeowners in this are of the Foxfire PUD
request a reduction from the 30 foot rear yard to a 25 foot rear yard, it should be
done in the form of a PUD Amendment. The staff recommends approval, subject
to the conditions in the resolution.
Mr. Abernathy closed the Public Hearing and opened it for discussion and motion.
Mr. Budd moved to forward this petition (VA-2002-AR-2432) to the BCC
and recommend approval subject to the conditions in the resolution.
Seconded Mrs. Young. Carried Unanimously 9-0.
B. VA-2002-AR-2445 - Douglas Eaton, PSM, representing Ben Arledge,
requesting a variance in the Estates "E" Zoning district from the required 75
foot front setback.
Kay Deselem - Principal Planner - Planning Services Dept. - Kay explained
the situation and referred to staffs report and felt it was pretty straight forward.
The Petitioner wished to build a home on the property and has been issued a
building permit. It was placed on hold when it was discovered that the structure
would encroach 26 feet into the setback from 33rd Ave. This variance is being
asked for in order to be closer to 33rd Ave. The structure meets all other required
yard setbacks. The 50% rule, straight zoning and variances was discussed.
Mr. Abemathy closed the Public Hearing and opened it for discussion and motion.
Mr. Budd moved to approve and forward Petition VA-2002-AR-2445 to the
BZA for recommendation with conditions. Seconded Mr. Mindy. Carried
Unanimously 9-0.
E. PUD-2002-AR-2566, Robert Mulhere, representing J.E.D. of Southwest
Florida, Inc., and Colony Corporate Centre, Inc. requesting an
amendment to the Pelican Marsh PUD/DRI for the purpose of amending
the PUD document to revise the square footage for medical offices. The
property is located north of Vanderbilt Beach Road (C.R. 901) and east of
Livingston Road, in Sections 25, 27, 34, 35, and 36, Township 48 South,
Range 25 East and Section 31, Township 48 south, Range 26 East, Collier
County, Florida.
(Companion to DOA-2002-AR-2567)
Also
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October 3, 2002
F. DOA-2002-AR-2567, Robert Mulhere, representing J.E.D. of Southwest
Florida, Inc., and Colony Corporate Centre, Inc. requesting an amendment
to the Pelican Marsh DRI to increase square footage for medical office use
to 26,000 square feet and to correct a scrivener's error that occurred in 1999
which left out the phrase "office commercial use, with up to 9,000 square
feet" causing a conflict between the Development Order and the PUD for
property located north of Vanderbilt Beach Road (C.R. 901) and east of
Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range
25 east and Section 31, Township 48 South, Range 26 East, Collier County,
Florida. (Companion Item to PUD-2002-AR-2566)
Those testifying were swom in by Mr. Abemathy.
Mr. Ray Bellows - Planning Services - This Amendment, according to report,
indicated staffs opinion that the amendment would not affect any impact on
development strategy for Pelican Mash PUD or affect residential properties with-
in or adjacent to the PUD. The petitioner is requesting to increase the amount of
Medical Office space allowed. They now have 295,800 square feet of leasable
space allocated to general office within the pelican Marsh PUD. 9,000 sq. feet of
the 295,800 sq. feet is dedicated to medical office and they are asking to increase
usage to 26,000 sq. feet. The Amendment will also correct an inadvertent
omission of the term "office uses" from Paragraph 4 in the Findings of Fact. The
language will also add "including up to 26,000 square feet". The proposed
revisions do not affect the adopted level of service standards. It shifts allocations
of the leaseable office floor area to a category of medical office. Providing
additional parking was discussed. Ray stated general office would have less
customers and different use category is based on counts. It was noted there are
only two things being changed, one is to amend the PUD Document and the other
the technical term. Ray talked about staff making sure everything is okay and
adhered to. MR. Richardson felt the applicant had not followed the commitments
he signed up for. This is a good time to clear up any language. Mr. Schmitt
discussed talking with Mr. Feder, PUD's submitted by Professional Engineers and
the need for validity into the reports.
Mr. Fry talked about a conditional approval.
Petitioner - Mr. Robert Mulhere - Consultant David Plummer and
Associates. -representing the Developers - He discussed the increased parking
and the increased square footage in the Medical Building. He indicated they are
not increasing the overall square footage and the need for additional parking.
Mr. Abemathy states that the staff's report said "the petitioner indicating that the
parking probe is a separate issue and that the owner will have to provide
additional parking spaces." He wanted to make sure they are not talking about
Pelican Marsh, but his project.
Mr. Mulhere stated he is not representing WCI. For the record they are sending in
DRI and PUD reports prepared by professionals and staff. The developer has
an obligation
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October 3, 2002
The process of providing easements was talked about.
Mr. Richardson talked about potential for disconnect and discussed the traffic
numbers and number of trips without any level of service standards being
impacted and the comp plan providing 5% before it affects the level of service.
The staffs report states there will be minimal increase (1.2%) in daily trips
generated, so no level of service standard will be affected by the amendment.
Ron Talone - David Plummer & Associates - He discussed the adjacent roads
with the different types of LOS in the various areas.
Mr. Richardson stated he is looking at any opportunity to make sure they do not
go forward and put more traffic on failed roadways, if possibly worked into the
system. Mr. Mulhere talked about the number of trips and approx. 30 peak hour
trips with the worse case scenario being 71/2 trips in a segment.
Mr. Richardson just want to stress again to think more constructively of
construction projects that put more traffic on failed roadways.
Mr. Mulhere felt this was a legitimate issue and the level of service would be
minimal.
Mr. Abemathy wanted to know, when they do a level of service on a road, do they
differentiate between Eastbound and Westbound? Mr. Mulhere answered it was
done by segments.
Speakers:
Juan Ramirez - 866 10-5th Ave. North, Naples - He stated he lives across from
Pelican Marsh.
Mr. Abemathy reminded Mr. Ramirez that his house is across from Pelican Marsh
and the subject property discussed is at the comer of Airport and Vanderbilt.
Mr. Ramirez stated he received a letter.
Mr. Mulhere stated the letter shows the entire PUD and amending the whole PUD
but only changing the Medical Office and property immediately to the west of
Airport and north of Vanderbilt so will not have any bearing on his property.
Mr. Ramierz would not be affected by this amendment.
Peter Meyers - 23710 Walden Center Drive #205, Bonita Springs - Mr.
Meyers was asking for information. Mr. Abemathy stated Mr. Meyers does not
live in the area and informed him this isn't an informational meeting but a
meeting for the Committee to pass on this particular petition. They will not
pursue further questions.
Discussion followed on monitoring reports being correct and Landscape Codes
being met.
Mr. Abemathy closed the Public Heating and opened it for discussion and motion.
Mr. Strain moved to approve and recommend to the BCC - DOA-2002-AR-
2567. Seconded Mr. Budd.
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October 3, 2002
Mr. Richardson is looking forward to staffs submission on the whole issue of
monitoring reports, catching problems and in favor of tightening up.
Carried unanimously 9-0.
Mr. Strain moved to approve and recommend to BCC PUD/DRI-2002-AR-
2566. Seconded Mr. Budd.
Carried unanimously - 9-0.
9:45 AM Break.
Meeting reconvened at 9:55 AM.
G.RZ-2001-AR-1649 - Robert L. Duane, of Hole Montes, Inc. representing
Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for
property located South of Immokalee Road on the east side of Veterans
Parkway, in Section 26, Township 48 South, Range 25 East, Collier County,
Florida.
Those testifying were sworn in by Mr. Abemathy.
Disclosures - Mr. Strain stated he had discussions with the applicant Bob Duane
and Tom Taylor.
Fred Reischl - Planning Services - The petitioner wishes to rezone 3.51 acres
from Residential Single-Family (RSF-3) zoning district to Commercial
Professional and General Office (C-l) zoning district. Maps were shown. An 8
foot strip of property abuts Immokalee Road and then south along Veterans Park
Drive becomes wider as it extends southward. The buildable portion abuts
Southwind Estates subdivision and Southampton PUD. Letters had been
distributed from property owners and Mr. Bruce Anderson.
Mr. Reischel described surrounding areas of the subject property. All those to the
West are non-residential and to the East are residential. This would be the only
parcel that has access from Veterans Park Drive, along with the entrance to a
North Naples Fire Station. It has been on the market to sell as Residential and
was stated from the petitioner that he has been unable to sell it as such with no
offers. The eastern boundary abuts a small waterway. The creek offers a natural
barrier which would favor the petitioner. If the subject property were zoned
Agricultural, the adjacent Homeowners might expect the property would be
rezoned in the future. But being that it is zoned single family, it would be
reasonable to think the property would be developed with single family homes.
Staff indicates if the parcel were developed as a residential subdivision, under
current zoning, it would be the only residential access off Veterans' Park Drive.
Staff is recommending denial of the petition because it does not meet the criteria
for approval.
The unusual shape of the lot was questioned and discussed. The map was referred
tO.
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Mrs. Young asked about more detailed report on traffic density. It was brought
up the hours would be regular office hours. It would generate more traffic but not
exceed the threshold.
Mr. Abemathy wondered if the 8 foot strip running up to a major arterial was
done with a purpose in mind.
Mr. Reischel did not find a reason.
PETITIONER:
Mr. Bruce Anderson - Representing the Applicant -Mr. George Visnich is
owner of the property. He felt staff made this rather complicated, but it was not
and very straight forward for this rezoning request. PUD does allow Medical
office uses and perform medical services. Circumstances have changed since Mr.
Visnich bought the property because of the Counties actions. He stated that the
configuration of the 8 foot strip along Immokalee Road is there because it is the
only way to have access to the public. Mr. Visnich paid dearly for it.
Mr. Visnich - owner of said property - stated the property was bought so he
could take care of his Mother who was in a nursing home, but in the meantime
passed away. At one time his intentions were to build a bridge across the creek.
He bought the piece of property from John Pulling at $50,000. It was noted the
water is a stream not a river.
Mr. Andersen stated there are "rezoning conditions" they are
recommending for approval. They have had two meetings with residents. He
talked abut recording the deed restrictions. As part of the packet for the
Committee he stated there are 6 conditions they are abiding by:
1) Building height shall be 2 stories with a maximum of 30
feet.
2) A type "D" landscape buffer, 8 feet in width, shall be
indicted on the SDP. The buffer shall begin at the
Immokalee River property line and continue south to the
Cocohatchee River.
3) The following are not permitted uses: barbershops, beauty
shops, shoe repair shops & shoeshine parlors, and
individual & family social services.
4) Parking lots at the rear of structures abutting the
Cocohatchee River are prohibited.
5) A type "B" landscape buffer along the Cocohachee
River shall be indicted on the SDP. The buffer shall
incorporate the existing native vegetation.
6) A wall shall not be required along the Cocohatchee River.
(Lighting will be shielded)
A map and plan were handed to the Committee. It will be made part of the
record.
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Staff mentioned this is open to the BCC level. If they make the five findings
listed in the Analysis, the petition would be consistent with the Growth
Management Plan and the Board could approve it.
SPEAKERS:
Kris Gomory- 1920 Bethany Place-Southwind Estates -Kris talked about the
pond or stream - it doesn't flow, only when it rains. He is concerned about drainage
easements and setbacks. His main issue is the drainage. There is no rip-rap and is a
major concern. He is concerned about flooding, run off and flooding properties to the
back. Also changing to C-! would affect their property values. He also didn't know
what the enforceability of the deed restrictions are with the County. He didn't feel the
residents had any control as was stated earlier. Another issue is that they want to work
with everyone but do not want to see their property values go down. His concern is with
the 25 foot height of the building. It would be looking down at his property, and now
sees it is 30 feet high.
Mr. Strain & Mr. Mindy asked about different access roads and Kris discussed and
referred to the map on Bethany Place and Veterans' Park Drive.
Mr. Abernathy asked about one story buildings. Kris stated at one of the meetings they
were showed a rendering of nice one story buildings with nice landscaping.
Margie Welch - 1904 Bethany Place -Southwind Estates - She showed where
her property is located and how they built an expensive home and enjoy the privacy and
quietness o the area. She gave a history of the properties and the county creating Veterans
Road Park and trying to find the owner of said property. It was researched and the
Realtor could not find who the owner was. She also checked into who would be
responsible for cleaning the creek. She stated the County would clean it out if they had
permission by all land owners. (Water Management). Since they did not have Mr.
Visnich's permission, they would not clean it.
Her main concern is "noise". She's not against the Park because she has children and
knows the parks are important. There were medical building put up across Veterans
Highway and they were never notified. Then a Fire Station was built on Veterans Park
and goes past her master bedroom with sirens blowing. They were told at that time they
would not turn on their sirens until they reached Immokalee Road, but does not happen
every time. She talked about traffic concerns and the gopher turtles. She finds this all
very unacceptable but would not be opposed to a one story building. She summarized it
by saying her main concems are height and traffic.
The residents saw drawings of one story buildings at meetings by the petitioner and the
residents. They were not conducted by County staff.
Mr. Ray Bellows reminded everyone the C-1 can be built to a maximum of 35 feet.
Terry Jolly - 1916 Bethany Place-Southwind Estates -Her home would face
the back of the buildings. She is concerned about the living conditions and being an
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October 3, 2002
office building looking at Residential homes. She also had concerns about the traffic and
amount of trips per day. Lighting was discussed along with property values going down.
She felt the landscaping should be left along the creek. She talked about one story
compared to the two story buildings with lighting being a real problem.
Mr. Abemathy stated there can be 3 units per acre. He asked how they would like to
have 10 residents jammed into that area. Those residents are there 24 hours while in
office buildings, people are only on the premises until 5:00 PM. They could also build
anywhere from 10-35 feet homes.
Joe Schmitt stated low density could be pursued and there could be a 35 foot building
with 14 units per acre. (Multi-family rezoning).
James Welch - 1904 Bethany Piace-Southwinds Estates -One concern is the lighting
on a 30 foot building. He had a plat that he showed everyone. He discussed the private
property, the bridge and park. The plat will be copied as part of the record.
David Sugrue -1928 Bethany Place - Southwinds Estates - He told everyone he works
the midnight shifts so would be sleeping during the day. His bedroom would face that
piece of commercial property consequently one of his concerns also.
Mr. Abemathy is interested in the storm water run off.
Mrs. Young had environmental concerns about reviewing the gopher tortoises and how it
all figures into the staffs plans. Mr. Reischel commented that an Environmental Impact
Statement was not required as the property did not meet the size threshold.
Mrs. Young then brought up the flooding and drainage issue. Mr. Reischel responded
that this is a straight re-zoning and because it doesn't have specifics as a PUD, those
things are deferred until the SDP - then if Wetlands on site, they would have to meet
South Florida rules and the specifics of the engineering but don't have to be addressed at
this time. They would have to meet South Florida criteria at time of construction.
Mr. Fry discussed units per acre, multi-family zoning, changing the zoning, and if not
approved, worse case scenario for the residents could be "several" single family homes
35 feet in height.
It was noted that Habitat for Humanity could purchase the property and meet the criteria.
Discussion followed on what other types of construction could purchase the property.
Tom Taylor - A purchaser of the Property -He referred to the access map and
discussed the concerns of the neighbors. He felt they have addressed all their issues and
concerns and are meeting all standards. They submitted applications, public notices and
held neighborhood meetings. The things they heard today are the same concerns the
neighbors had at the meetings and they have attempted to address them all. They would
meet any criteria for drainage and as far as the lighting issue is concerned, they did a
study on the tree canopy heights and found some of the pines were 50-55 feet high. They
also addressed timing of the lights, and would look at the security issue also.
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October 3, 2002
Mr. Mindy asked about the drainage problem. Mr. Taylor talked about swale retention.
It was stated the rendering was laid out for 1 story buildings but are building 2 story
buildings. Parking and drainage was again discussed.
Mr. Duane stated they are willing to meet all the rezoning conditions.
Mr. Strain asked if they would object to one story buildings, and the answer was "yes'
they want to proceed with 2 stories.
Mr. Abemathy closed the Public Heating for discussion and motion.
Mr. Richardson moved to support the planning staffs' recommendation of denial of
this petition RZ-2001-AR-1649 and report to the BCC on that basis and leave it
Single Family Residential. Seconded Mr. Fry.
Discussion followed and Mr. Budd agrees with the previous comments concerning the
buffers and densities that the neighbors may not want because other entities and other
uses that would not be favorable to the neighborhoods. If this motion fails a single
stipulation added to the stipulations already agreed to by the petitioner would make it the
best possible compromise.
Mr. Abernathy feels the Residential Zoning on this parcel has come and gone. He didn't
feel the traffic is an issue at all. He can not support the present motion.
Mrs. Young cannot support the present motion either and feels the needs and desires of
both sides could be met and if allowed she would support a motion for the one story
business change.
Vote was taken - 3-Yes (Mr. Fry, Mr. Mindy, Mr. Richardson) 6 -No - Motion
denied.
Mr. Strain moved to go forward with the recommendation for approval on RZ-
2001-AR-1649 with rezoning stipulations presented by staff with correction that 2
story buildings be 1 story. Seconded Mr. Mindy.
Motion Carried unanimously - 9-0.
e
OLD BUSINESS:
Mr. Fry received a notice about a meeting in Key West and wondered about
expenses paid by the County.
Mr. Schmitt will address these issues on the next agenda - such as whose budget
it comes under and the procedures that need to be followed etc.
The Urban Land Meeting was cancelled on October 10, 2002.
10.
NEW BUSINESS:
Mr. Abemathy wanted to comment on a thought he had about being the "Counties
Planning Agency". He wasn't sure they had ever initiated anything in a positive
way. They react to what staff puts before them. Mr. Richardson has, on several
occasions, brought up different issues for the LDC, but never said "this is what I
want staff to consider". He is not sure whether staff would do that, or a motion is
needed from the whole commission but this is something he has thought about
when they discussed the issue of Vanderbilt Beach being a condo or a hotel. He
was concerned about legal issues. He proceeded to discuss some of those issues.
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October 3, 2002
Staffwill come back and define that issue.
Marjorie stated they can move to direct staff to investigate and bring back on the
agenda and can be a workshop item.
Mr. Abemathy asked if the Development Services Board generate requests on
changes. He feels that if they would point out a change or conflict that it should
be run past the Planning Commission before it becomes an LDC Amendment.
He felt it should be looked at by them before it gets into the packet of LDC
Amendments.
The subject was discussed on staff's agreeing to certain things and procedures that
are followed. 98% of LDC amendments are staff generated.
Being no further business before the Commission, the meeting adjourned at
12:10 PM.
COLLIER COUNTY PLANNING COMMISSION
KENNETH ABERNATHY
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