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CCPC Minutes 12/19/2002 R December 19, 2002 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December 19, 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 8:30AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain David Wolfley Lora Jean Young Lindy Adelstein Paul Midney Russell Budd Dwight Richardson (Excused) ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Serv. Ray Bellows, Chief Planner, Planning Serv. Dept. Kay Deselem, Principal Planner, Planning Services Marjorie Student, Assistant, Attorney Don Schneider, Principal Planner, Planning Serv. Dept. Greg Garcia, Transportation Cormac Giblin, Housing Development AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, DECEMBER 19, 2002, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FL 2. 3. 4. 5. 6. 7. 8. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES 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 RECOGNIZED BY THE CHAIR_MAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEDGE OF ALLEGIANCE ROLL CALL ADDENDA TO THE AGENDA APPROVAL OF MINUTES - NOVEMBER 21, 2002 *PLANNING COMMISSION ABSENCES: DWIGHT RICTIARDSON, BCC REPORT- RECAPS - DECEMBER 3, 2002 CHAIRMAI~S REPORT ADVERTISED PUBLIC HEARINGS (LUNCH 12:00 P.M.- 1:00 P.M) Ao VA-2002-AR-3198, Beau Keene, P.E., of Keene Engineering, representing TEC Builders, Inc., and Lava Henry, requesting a 9-foot variance from the required 75-foot front yard setback to 66 feet for property located at 4045 33rd Avenue N.E., further described as Tract 31, Golden Gate Estates Unit 67A, in Section 21, Township 48 South, Range 28 East, Collier County, Florida, consisting of 1.34- acres. (Coordinator: Don Schneider) Bo VA-2002-AR-3332, Vincent A. Cautero, AICP, representing West-forth Contracting, Inc., requesting a 1.5-foot variance from the required 1 O-foot side yard setback to 8.5 feet for property located at 6962 Green~xee Drive, Pelican Bay Unit 13, Lot 14, Section 4, Township 49 South, Range 25 East, Collier County, Florida, consisting of 0.40 acres--~. (Coordinator: Don Schneider) Do PUDA-2002-AR-2803, Karen Bishop of PMS Inc., of Naples, representing Walnut Lakes LLC, requesting an amendment to the Walnut Lakes PUD having the effect of modifying development standards in Table 1 to provide for a revision to yard requirements, specifically to reduce the 10-ft. side-yard setback for single-family detached dwelling units to 5 feet for one-story homes and 7.5 feet for 2-story homes; and to revise the Master Plan to eliminate the site specific nature of a potential Assisted Living Facility, for property located on 18063 to 18071 East T~mi~mi Trail North on the east side of East Tamiami Trail approximately 2.5 miles east of Collier Boulevard opposite Creative Drive and Imperial Wilderness R.V. Subdivision, in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 200~: acres. (Coordinator:. Don Schneider) PUDZ-2002-AR-2965, Kenneth E. Griffith, of Johnson Engineering Inc., representing Habitat Humanity of Collier County Inc. as partial owner and contract purchaser, requesting; 1) Rezoning from "A" Agricultural (8:t: acres) and from Habitat Place Planned Unit Development (PUD) (20~: acres) zoning districts to Charlee Estates PUD to allow a 126 lot, single-family subdivision that will be designed to accommodate very low income housing units; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 41 units at 1.46 bonus density units per acre) in the development of the single-family residential dwelling units for low-income residents. The subject property is located on the southwest side of Tamiami Trail East, approximately 3± miles east of Collier Boulevard (S.R. 951), in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 28.462~ acres. (Coordinator: Kay Deselem) PUDZ,-2002-AR-2517, Robert J. Mulhere, AICP, of RWA, Inc., representing The Ronto Group, requesting a rezone from PUD to PUD which acts as an amendment to the Cocohatchee River Trust PUD by deleting hotel, motel and transient lodgings as a permitted use and adding a maximum of 112 multi-family dwelling units as a permitted use and increasing the maximum building height from 50 feet to 180 feet for property located on the north side of Walkerbilt Road and on the west side of Tamiami Trail North, in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 8.66~: acres. (Coordinator: Fred Reischl) (Continued from 12/5/02 to 12/19/02) 10. 11. 12. 13. OLD BUSINESS: NEW BUSINESS PUBLIC COMMENT ITEMS DISCUSSION OF ADDENDA ADJOURN 12/4/02 ccPc AGENDA/SM/sp 2 December 19, 2002 1. The meeting was called to order by Chairman Abernathy at 8:35 AM. Pledge of Allegiance was recited. 2. Roll Call was taken - a quorum was established. 3. Addenda to the Agenda - Items 8C and 8E continue to January 2nd, 2003 meeting. Russell Budd moved to continue Items 8C and 8E to the January 2"a, 2003 meeting. Seconded Lora Jean Young. Carried unanimously 7-0. Mr. Strain has a conflict with 8D and will not participate in voting. He submitted the Memorandum of Voting Conflict for County, Municipal and other Local Public Officers. The petitioner asked for Item 8B to be continued for the January 2nd meeting. Mr. Budd moved to continue Item 8B to the January 2nd meeting. Seconded, carried unanimously 7-0. Approval of Minutes - November 21, 2002 - Mr. Adelstein moved to approve the minutes of November 21, 2002. Seconded Mr. Budd. Carried unanimously 7-0. 5. Absences - January 2, 2003 - None. e BCC Report-Recaps-December 3, 2002 - Mr. Bellows reported Variance VA-02AR-2705 - Windstar was approved. PUD Amendment for Pelican Marsh was approved for the change in square footage. Founders Plaza was approved. Conditional Use for the Immokalee Library approved. 7. Chairman's Report- None Advertised Public Hearings: A. VA-2002-AR-3198 - Beau Keene, P. E., of Keene Engineering, Representing TEC Builders and Lara Henry, requesting a 17.9 foot variance from required 75 foot front yard setback to 66 feet for property at 4045 33ra Ave., NE consisting of 1.3 acres. Disclosures - none. Those testifying were sworn in by Mr. Abernathy. The applicant is requesting a 17.9 foot variance from the 75 foot front yard setback as required in the "E" Estates Zoning District. The petitioner is proposing a 57.1 foot front yard setback from the NE 33rd Avenue. There is an LDC Amendment pending with a hearing on January 8th that will resolve the situation for this type of lot. The petitioner decided to go forward with his variance. Staff is recommending approval. 2 December 19, 2002 Petitioner - Beau Keene, Keene Engineering - stated they have reviewed the conditions for approval with no objections. Hc will also register today as a lobbyist with Dwight Brocks office. Speakers - None The hearing is closed for discussion and motion. Mr. Budd moved to forward Petition VA-2002-AR-3198 to the Board of Zoning Appeals with the recommendation of approval including the conditions stipulated by staff. Seconded Mr. Wolfley. Carried unanimously 7-0 Mr. Strain left at 8:45AM. Do PUDZ-2002-AR-2965- Kenneth Griffith of Johnson Engineering Inc. representing Habitat for Humanity of Collier County requesting a rezoning from "A" Agricultural to Charles Estates PUD to allow a 26 lot, single-family subdivision that will be designated for very low income housing units and consideration and approval for an Affordable Housing Density Bonus agreement authorizing the developer to utilize the units in the development of the singles family units for low income residents. The subject property is located on the Southwest side of Tamiami Trail East. Disclosures - None 8:50 AM Recessed to contact Petitioner. 9:08 AM Reconvened All those testifying were sworn in by Mr. Abernathy. Mr. Abernathy noted getting information from Transportation a few minutes before a petition is very frustrating and feels staff should be able to anticipate in advance of the meeting or hold it over until everyone is prepared. Kay Deselem-Principal Planning - the project is seeking a rezone from PUD from Agricultural for a total of 28 acres. An aerial was shown of the site. The original PUD was rezoned in 2000 - affordable housing unit - for 100 units. The total project will have 124 units. The staff report includes the strike through and new PUD Document. The 2 page report from Transportation given earlier is already in the PUD Document - it contained two last minutes changes that needed to be added. The revised set of Documents was given. Staff is recommending approval with conditions being met. Greg Garcia - Transportation Planning - last minutes discussions included sidewalks in which the petitioner has agreed to put in an 8 foot shared use path from entryway to entryway. The developer will also provide 5 foot sidewalks on both sides of the road. PETITIONER - Kenneth Griffith - Land Use Planner with Johnson Engineering - he states he will register as a lobbyist. Mr. Griffith apologized concerning he last minutes changes and is in 3 December 19, 2002 agreement with staff. They are adding 8 acres and overall number of units is 24. He stated Collier County has a shortage of 16-19,000 affordable housing units and this project helps the County in attaining some of their goals. In the year 2010 there is an indication of approx. 25,000 unit shortages. Darren Wymer - Johnson Engineering - stated he will register as a lobbyist. Mr. Abemathy asked about the elevation levels. Mr. Wymer answered they are raising the finished floors to 8 1/2. There will be fill on 28 acres. Discussion followed on the particular area. There will be a berm around the property and issues concerning water will be addressed by the petitioner. Mr. Adelstein asked about the accessory structures being sheds or portable sheds. There will be no garages with the homes. Habitat for Humanity Homes is not designed for garages. Mr. Adelstein has a problem of parking. Without garages and appropriate space he is afraid vehicles will be parked on the streets. An accessory structure could be a detached garage and could be built if the setbacks were met in the PUD Document. Discussion followed on the setbacks outlined and the issue of garages. The PUD authorizes that kind of structure only. Cormac Giblin - Housing Development Manager for Collier County - he also stated Homes for Humanity do not build garages, and is viewed as a luxury item to the home sand would rather add another bedroom than a garage. Other homes show a storage shed in the back of the home. As part of these units (one model homes) a storage space will be provided. These homes are built on a mass scale, identical and with volunteer help. A family of 4 for the standards of housing is: 1) Very, very low income- 35% of median - $22,750 or less 2) Very low income- 50% of median - $32,500 or less 3) Low income- 60% - $39,000 or less Ownership breaks are based on 80%-50% and 35%. Will sell for typically $55,000. Newer models can be viewed at Victoria Falls with an attached shed. The newer homes are built with wider driveways for cars parked side by side. The concerns are with more than one family living in the three bedroom unit and several cars that need parking. They are built as single family units and comply with all County codes relating to unrelated persons living in the homes. Ray Bellows stated the Land Development Code defines a family unit and how many families are allowed in a single family unit. A single family housing arrangement can be enforced but difficult. Speakers - James A. Hanley - Resident of West Winds - located across the street from the project. Some concems are: - A light at the intersection on Highway 41. - Children's safety in crossing Hwy 41 Plans for park & recreation areas (playground) Keeping equipment under carports etc. Driveways being wide enough for parking of cars and not on the streets Keeping areas neat and clean (neat community) Drainage - canal to 41 - concern of flooding in summer Mr. Griffith addressed the issues of concern: Will have an area for a playground 4 December 19, 2002 Crossing the street he felt was a parenting issue Driveways- will accommodate 3-4 cars Drainage - will be no problem Greg Garcia - Transportation - fight turn lanes will be constructed as part of the project into the site at both entrances. May have modifications on stripping. There are areas identified as recreation and common areas being sufficient for activities. Joe Schmitt stated the neighborhood would be no different than any other in complying with current Land Development Code stipulations. Public Hearing is closed for discussion and motion. Mr. Budd moved to forward the PUDZ-2002-AR-2965 to the Board of County Commissioners with a recommendation of approval including the revised landscape requirements and the traffic modifications given to the Commissioners earlier. Seconded by Mr. Wolfley. Mr. Adelstein still has concerns of parking and wondered if they could be assured a parking problem will not exist. Mr. Schmitt stated they have no statutory position to demand anything but what is stipulated in a single family home. The County has parking restrictions for appropriate parking and is enforcing it throughout the County. After some discussion the question was called. Carried unanimously - 6-0. Mr. Budd moved to forward to the Board of County Commissioners approval of the Affordable Housing Density Bonus units set forth in the PUD Document. Seconded Mr. Wolfley. Carried 6-0. 9. Old Business - None 10. New Business - None 11. Public Comments - None 12. Discussion of Addenda - None 13. Adjourn - Being no more business to come before the Planning Commission it was adjourned at 10:05 AM. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI'I-rEE JAILING ADDRESS ~ITY )ATE ON WHICH VOTE OCCURRED COUI~TY THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: [3 crib' ~t'COUNT'Y [3 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: C'o 7 MY POSITION IS; [3 ELECTIVE (~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending 3n whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION.II2.3143, FLORIDA STATUTES ' A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain er loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 9r 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional s!ock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and " WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this formwith the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the natu~ of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ....... PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO A'I-rEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,, ~ (;,J,,,/ (.- ~ ~'~0.Jv''- , hereby disclose that on \'L.' \ '~ ., 19 D?_. (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the specie, in or loss of , ,;., ' is th'e parent organization or subsidiary of a principal which has retained me. (b) ~ae measure before my agency and the nature of my conflicting interest ir~ the measure is as follow~: . which Date Filed Signatur~~'~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUI~ED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - REV. 1/98 - PAGE 2 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 January 10, 2003 Nelson Marine Construction 10530 Wilson Street Bonita Springs, Fl. 34135 RE: Petition No. BD-2002-AR-3019, John & Bnmilda Collins Dear Applicant: On Thursday, December 19, 2002, the Collier County Planning Commission heard and approved Petition No. BD-2002-AR-3019. A copy of Resolution No. 02-10 is enclosed approving this use. If you have any questions, please contact me at 403-2400. Ross Gochenaur Enclosure CC: JOHN M & BRLrNr[LDA M COLL~S 26728 N. Chevy Chase Rd. Mundelein, IL 60060 nd Dept. Property Appraiser utes & Records (BD, PSP & PDI) Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File www. colliergov-net Phone (941) 403-2400 Fax (941) 643-6968 CCPC RESOLUTION NO. 02- 10 RELATING TO PETITION NUMBER BD-2002-AR-3019 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and considered the advisability of a 27-foot extension for a boat dock from the 20-foot length allowed by LDC Section 2.6.21. to authorize a 47-foot boat dock facility in an RSF-4 zone for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangnraent have been made concerning all applicable matters required by LDC Section 2.6.21.; and WHEREAS, the CCPC has given all interested parties the opportunity to be heard, and considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: Petition Number BD-2002-AR-3019, Ben Nelson, Jr., of Nelson Marine Construction, Inc., filed on behalf of John and Brunilda Collins, for the property hereinafter described as: Lot 6, Block F, Little Hickory Shores, Unit Three Replat, as described in Plat Book 6, Page 2, of the Public Records of Collier County, Florida. be, and the same is hereby approved for, a 27-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC Section 2.6.21., to authorize a 47-foot boat docking facility in the RSF-4 zoning district wherein said property is located, subject to the following conditions: Before Collier County will issue a permit to construct the approved extension, corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection must be provided. Prior to final approval of this dock extension, reflectors and house numbers of no less than four (4) inches in height must be installed at the outermost end on both sides of all docks or mooring pilings, whichever protrudes the furthest into the waterway. In order to protect manatees, at least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway. All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject property prior to issuance of the required certificate of completion and the property must be maintained free from all prohibited exotic species in perpetuity. BE IT FURTHER RESOLVED that this Resolution be Commission and filed with the County Clerk's Office. recorded in the minutes of this This Resolution adopted after motion, second and majority vote. ayo, COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA KENNETH L. ~BERNATHY, C~AN ATTEST: seph K S~g~i~~~ al aPt;ntand Environment o~and Legal Sufficiency: P~t~'ck ~. W~ite Assistant County Attorney