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CCPC Minutes 03/20/2003 RMarch 20, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 20, 2003 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 Mark Strain David Wolfley Dwight Richardson Lora Jean Young Lindy Adelstein Paul Midney Brad Schiffer Russell Budd ALSO PRESENT: Joe Schmitt, Community Dev.& Environmental Services Ray Bellows, Planning Services Dept. Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney David Weeks, Chief Comprehensive Planning Services Ross Gochenaur, Planning Services Mike Bosi, Planning Services Fred Reischl, Planning Services Glenn Heath, Planning Services Jean Jourdan, Planning Services Page 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 20, 2003 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO $ 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 RECOGNI~ BY THE CHAIRMAN. PERSONS WISHING TO HAVE wRrrTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. 1N 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 AVAHABLE FOR PRESENTATION TO THE BOARD OF COLrNTY 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. 2. 3. 4. 5. 6. 7. 8. PLEDGE OF ALLEGIANCE ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES - MARCH 6, 2003 PLANNING COMMISSION ABSENCES BCC REPORT- RECAPS- FEBRUARy 25, 2003 CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS A. BD-2002-AR-3415, Miles L. Scofielck of Scofield Marine Consulting, representing Damon Warfel of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway for property located at 5348 Barefoot Bay Court, further described as Lot 2, Block A., Barefoot Bay, Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Ross Gochenaur) B. BD-2002-AR-3203, Miles Scofield, of Scofield Marine Consulting, representing DCS, Inc., requesting a 8- foot boat dock extension to allow for a facility protruding a total of 28 feet into the waterway for property located at'5328 Barefoot Bay Court, further described as Lot 7, Block A, ~Barefoot Bay, Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Ross Gochenaur) 1 Ce BD-2002-AR-3491, Miles Scofield, of Scofield Marine Consulting, representing DCS, Inc., requesting an extension for a boat dock facility protruding a total of 28 feet into the waterway for property located at 5332 Barefoot Bay Court, further described as Lot 6, Block A, Barefoot Bay, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator:. Ross Gochenaur) ~oA: -~2002~'Al~f33,81,~D~a.~d M. Corban, requesting an affair-the-fact variance of 8.7 feet from the required m yara semamc or~,~ teet to 16.3 feet; and an after-the-fact variance of 2.1 feet from the required rear yard setback of 20 feet to 17.9 feet; and an after-the-fact variance of 3.5 feet from the required side yard setback of 7.5 feet to 4 feet for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) CU-2002-AR-2866, Mario Valle, representing Creative Homes of S.W. Florida, Inc., requesting Conditional Use 7 of the "E" Estates zoning district for earthmining for lake excavation per Section 2.2.3.3, for properties located at 4225 31st Avenue N.E. and 4235 31st Avenue N.E., in Section 21, Township 48 South, Range 28 East. (Coordinator: Mike Bosi) TIlE FOLLOWING GMP REPORTS WILL BE SENT UNDER SEPARATE COVER BY SPECIAL COURIE~ 2002 Cycle Gt4P Amendment Petitionr CP-2002.1, petition requesting an amendment to the Future Land Use Element and Future Land Use Map Sedes to expand the NE quadrant of Activity Center #7 by 18.5_+ acres to allow 185,000 s.f. of certain specified commercial uses, for property located % mile east of Collier Blvd. (CR-951) and on the north side of the road leading to the Swamp Buggy grounds [opposite Rattlesnake-Hammock Rd. (CR- 864)], in Section 14, T50S, R26E. [coordinator:. Jean Jourdan] CP-2002-3, petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Subdistrict by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C-3 zoning district, and removing conditional uses, for property located at the NE quadrant of the Pine Ridge Road/Livingston Road intersection, in Section 7, T49S, R26E. [Coordinator: Glenn Heath] CP-2002-4, petition requesting a text amendment to the Golden Gate Area Master Plan to mollify the Rural - Settlement Area District to cladfy vested uses, densities and intensities, and to clarify an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR-846), the north side of Randall Blvd., and bisected by Oil Well Road (CR-858), and commonly known as Orangetree PUD. [coordinator:. David Weeks] CP-2002-5, petition requesting a text amendment to the FLUE to allow the Aff6rdable Housing Density Bonus of up to 8 dwelling units per acre, but limited to dwelling unit ownership, to be applicable to 55 acres in the Urban Residential Fringe Subdistrict, located on the east side* of Collier Blvd. (CR-951), approximately .6 mile south of Rattlesnake-Hammock Rd. (CR-864), in Section 23, T50S, R26E. [coordinator:. Jean Jourdan] 2 CPSP-2002-6, petition requesting amendments to the Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP Restudy Committee, to include: [coordinator: Glenn Heath] 1. Establishing the new "Commercial Western Estates Infill Subdistrict" at the SW corner of the Collier Boulevard (CR-.951)/Vanderbilt Beach Road (CR-862) intersection. 2. Expansion of the Neighborhood Center designation at the Wilson Boulevard/Golden Gate Boulevard intersection so as to include all four quadrants. 3. The creation of two new Neighborhood Center designations, one at the Everglades Boulevard/Golden Gate Boulevard intersection (all four quadrants), and one at the Everglades Boulevard/Immokalee Road (CR-846) intersection (southerly two quadrants). 4. Text revisions to the Conditional Uses Subdistrict. 5. Text revisions regarding commercial uses, including creation of a new goal and objective. 6. T~'xt revisions for format consistency, correction of prior errors and omissions, and the like. CPSP-02-7, petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series to include: [coordinator: David Weeks] 1. Text revisions to Policy 4.6 to correlate with Land Development Code amendments pertaining to Access Management Plan provisions. 2. Text revision to Policy 4.8 to add methodology for preparing population estimates and projections as relates to the Capital Improvement Element. 3. Text revisions to the Office and Infill Commercial Subdistrict for clarity and to reflect past application and interpretation by staff and the Board of County Commissioners. 4. Text revisions to the PUD Neighborhood Village Center, Business Park, and Research and Technology Park Subdistricts to add cladty of intent regarding development thresholds. 5. Text revisions to the Density Rating System to explain and clarify density calculations. 6. Revisions to the Wellhead Protection Areas Map to reflect recent hydrologic modeling, changes in wellfield use, and addition of new wells. 7. Text and Future Land Use Map revisions for format consistency, internal Plan consistency, correction of prior errors and omissions, and the like. CPSP-02-8, petition requesting a text amendment to the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. [coordinator: David Weeks] CPSP-02-9, petition requesting text amendments to the Goals, Objectives and Policies of the Potable Water Sub-Element of the Public Facilities Element, most notably to modify some Level of Service standards; requesting new Water District Boundary and Potable Water Service Area Maps, new Potable Water Treatment and Transmission Facilities Map, and new Table of Capital Improvement Projects; and requesting an update to the entire Support Document. [coordinator: David Weeks] CPSP-02-10, petition requesting text amendments to the Goals, Objectives and Policies of the Sanitary Sewer Sub-Element of the Public Facilities Element, most notably to modify some Level of Service standards; requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps, and new Table of Capital Improvement Projects; and requesting an update to the entire Support Document. [coordinator: David Weeks] CPSP-02-11, petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust level of service standards for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub-Elements. [coordinator: David Weeks] 9. OLD BUSINESS 10. 11. 12. 13. NI~W BUSINESS: PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN CCPC AGENDA/SM/lo/3-20-03 March 20, 2003 0 A moment of silence was held. Pledge of Allegiance was recited with Chairman Abernathy calling the meeting to order at 8:35 AM. Roll call was taken - a quorum was established. Addenda to the Agenda - Mr. Budd asked about a separate mailing he received from Roetzel and Andress about a sub-district that does not appear on the Agenda and wondering why. Marjorie Student commented it will not be on the Agenda. When matters are not advertised, they are not on the Agendas. Mr. Strain is asking for two items to be added to the Agenda under New Business. 1) Discussion with Commissioner Coletta to hold meetings in Immokalee. 2) Format of the Agendas. Approval of Minutes - March 6, 2003 - It was noted Mr. Budd's name was inadvertenbtly omitted from the roll call as being present and Mr. Schiffer's name was spelled incorrectly. Mr. Adelstein moved to approve the minutes of March 6, 2003 with the above corrections. Seconded Mr. Budd. Carried unanimously 9-0. Planning Commission Absences - April 3rd meeting - Mrs. Young will not be in attendance. BCC Report - Recaps - February 25, 2003 - the BCC recommended approval of the East Gateway PUD with a stipulation that no additional square footage be built until the roadway services are improved. Joe Schmitt wanted to make a comment concerning the last meeting when Livingston Village was withdrawn. There was a comment made about lack of cooperation from the applicants representing firm - Wilson/Miller. He apologizes and stated it was no way to criticize the firm which is very reputable. It was a matter of issues that they decided to withdraw and sever their relationship with the applicant. Chairmen's Report - none Advertised Public Hearings: BD-2002-AR-3415 - Miles Schofield, of Schofield Marine Consulting, representing Damon Warfel of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway for property located at 5348 Barefoot Bay Court, Barefoot Bay, Collier County, Florida. Disclosures - None Page 2 March 20, 2003 Those testifying were sworn in by Mr. Abernathy. PETITIONER Mr. Rocky Schofield with Scofield Marine Consulting, representing Damon Warfel, President. The Sub-division is called Barefoot Bay on Bonita Beach Road. Across from Lely Barefoot Beach and consists of 9 lots. He displayed a map and explained the area to the Commissioners. Two have already been approved for extensions. There are 3 hearings and will all be the same size docks, boat lifts and the lots similar. He showed lots #2, 6 & 7 on the aerial map. He showed lot #2, showing they cannot park a boat in from of any of the docks without an extension. They are proposing boat lifts protruding out 13 feet from the front of the dock. From of the dock is approx. 15 feet from the mean high water line and boat and boat lift out 27 feet. They are requesting a 28 foot boat dock extension. The waterways meet the criteria of the 25% rule. He showed the waterway and the other docks. All the requirements have been met for the widths of the waterway. Mr. Adelstein asked why the contractor isn't making the docks the length Mr. Schofied is asking by going that extra foot. He would feel better reducing them all to 27 feet. Discussion followed on the boat lift referring to the map. Mr. Scofield explained the rip rap being rock seawall or bank stabilization. Mr. Abernathy questioned the depth of the water all being the same depths and wondered if it was dredged. Mr. Schofield had it surveyed and the numbers are according to that survey. STAFF Ross Gochenaur - Planning Services - the three resolutions he has, show the standard stipulations. They are referring directly to the resolution in the staff report. All three of them have similar stipulations. He felt approving the protrusions would be appropriate, even one being marginally over the 25%. The Building Dept. allows about 6 inches leeway with pilings; being they tend to settle. The applicant is being responsible giving the one extra foot rather than taking it from the Building Dept. He would approve the 28 feet for all three resolutions. The hearing is closed for motion and discussion. Mr. Budd moved to approve petition BD-2002-AR-3415 with the total length reduced to 27 feet with staff's stipulations. Seconded Mr. Adelstein. Carried unanimously 9-0. B. BD-2002-AR-3203, Miles Schofield, of Schofield Marine Consulting, representing DCS, Inc, requesting an 8 foot dock extension to allow Page 3 March 20, 2003 for facility protruding a total of 28 feet into the waterway for property located at 5328 Barefoot Bay Court, Barefoot Bay, Collier County Florida. PETITIONER Mr. Rocky Scholfield - representing Damon Warfel - this one represents Lot #7 which is a tight lot and the smallest in the sub-division. They are putting the same size dock in as the previous one and meet all criteria. They would be willing to change it to the 27 feet. Those testifying were sworn in by Mr. Abernathy. Disclosures - None. Discussion followed on the size of boats that can access the area. The maximum size would be 26 feet. STAFF Ross Gochenaur- Planning Services- staff has no objections and recommended approval. The hearing is closed for motion and discussion. Mr. Wolfley noticed in the last request that at 28 feet they were sitting at 25.2% of the waterway. This one is 23.3% - consequently he didn't feel the restriction of the 27 foot rule should apply. Mr. Wolfley moved to approve the request BD-2002-AR-3203 with stipulations by staff. Seconded by Mrs. Young. Carried unanimously 9-0. C. BD-2002-AR-3491 - Miles Schofield, of Scofield Marine Consulting, representing DCS, In., requesting an extension for a boat dock facility protruding a total of 28 feet into the waterway for property located at 5332 Barefoot Bay Court, Barefoot Bay, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER Page 4 March 20, 2003 Rocky Schofield - representing DCS, the applicant - lot #6 - same criteria as the last two requests. They fit the minimum requirements of the 25% and 50% of the waterway rule and meets all criteria. STAFF Ross Gochenaur - Planning Services - the petition meets all criteria and has no objections. The hearing is closed for discussion and motion. Mr. Wolfley recommends approval of BD-20032-AR-3491 with the staff stipulations. Seconded Mr. Adelstein. Carried unanimously 9-0. De VA-2002-AR-3381 - David M. Corban requesting an after the fact variance of 16 V2 Feet from the required rear yard setback of 20 feet to 3 ¼ feet from the property line for the renovation of an existing house constructed over a drainage canal and waterway easement, for property located at 2832 Arbutus Street. This is different then what was in the packet. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER David Corban - 2832 Arbutus Street and a Principal Architect - purchased home 3 years ago. Met with County Planners and found the LDC allowed for non-conforming residential structures to be altered, renovated, expanded or re-built. Further research he found the home had been on the tax rolls since 1968 and occupied as a single family residence and not boat house. The way the building is constructed he feels was always meant to be a single family home, because the formation of the sea wall and the location of the columns tells him that the sea wall and the sight was always intended to have a structure built over the water. Financially, it would not be beneficial to renovate the house. He is asking to rebuild in its existing location without increasing the non- conformity. The pilings are in bad shape, hurricane straps rusted through, ceilings are low, no insulation, and the railings are not to current code. It would be better to build it to current code and meet the requirements. He hasn't decided if he will keep it a single story. A question was asked if the home was destroyed by a hurricane. Mr. Reischl responded if the home was destroyed more than 50% it would remain in its location. If destroyed by Page 5 March 20, 2003 greater than 50% it could be rebuilt to the same density, but meet current dimensional standards. (Setbacks) Variance supersedes rule. Mr. Corban discussed conforming according to the FEMA numbers. STAFF Mr. Fred Reischl - Planning Services - has no effect on the Growth Management Plan and will need to get building permits and meet building codes. Three neighbors looked at the file and had no objections. The hearing was closed for discussion and motion. Mr. Schiffer moved to approve of VA-2002-AR-33871 to the Board of Zoning Appeals with staffs recommendations. Seconded Mr. Burial. Carried unanimously 9-0. Ee CU-2002-AR-2866 - Mario Valle representing Creative Homes of SW Florida Inc. requesting a Conditional Use 7 of the "E" Estates zoning district for earthmining for lake excavation per section 2.2.3.3, for properties located at 4225 31st Ave. NE and 4235 31st Ave. NE., on 5.0 acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER Mario Valle - Creative Homes - Creative Homes provides entry level single family homes for the workforce for Collier County primarily in the area of Golden Gate Estates and/or Golden Gate City. They are trying to help their customers save money with the costs of septic sand and import to different locations. They can improve a 5 acre parcel by putting a 2 acre lake on different locations. He noted on the Executive Summary page two, it stated "Immokalee Road" that would be traveled on - it should actually be "Oil Well Road and Everglades Blvd." He is trying to limit the amount of traffic in Immokalee Rd. No fill has been taken out of site in last 6 months waiting for water table to go down. The rip rap & rock placement around the site is for fish habitat in the lake. Discussion followed on the trips per day being an average of 3.2 trips per day. The hours of operation noted in a letter from Mr. Valle was referred to. The staff's hours were slightly different and reduced. Mr. Valle agrees with the staff's hours but would like to work on the trips per day to be efficient. Page 6 March 20, 2003 This is for 2 lots - 2 single family sites and will stay 2 parcels. (2.4 acres -1974) The Golden Gate Association has given approval and some members have viewed the site. Mr. Valle sits on the Golden Gate Assn. Board. STAFF Mike Bosi - Planning Services - clarified the Estates Districts 2 ¼ acres are the minimum lot sizes. Not setting an abnormal precedent. The Planning Commission approved an excavation permit for Lot #145. He also noted he passed out revised stipulations due to minor grammatical changes. He covered the redundancy and minor changes. He received several calls from property owners and after describing the situation and project there were no obligations. There was one objection at the neighborhood information meeting stating there were wetlands on the project. The Environmental staff did extensive research, assessed and was resolved. Mr. Schiffer asked about a time limit on the conditional use. There is 5 year expiration - they have a 3 year window now. In addition to the conditional use they are working with the engineering staff for a commercial excavation permit which is a companion item and will be heard before the BCC. Mr. Strain asked staff about the hours of operation. Mike Bosi stated it means any activity on that site. Ray Bellows said the building permit has hours of operation for controlling of noise but the stipulation came as a result of keeping it out of the rush hours. Mr. Strain said what he is hearing is not what is in the resolution. Mr. Bellows said the building permit is for the hours of excavation. The conditional use is for regulating the truck traffic in and out. Mr. Strain would like to see it stated more clearly so the public understands. Mr. Valle read the document as part of the stipulation was; they would not haul anything prior to the original application time. Mr. Abernathy summarized it that he could be loading the trucks after 3:00 PM for the next morning - prior to 9:00 AM. He wouldn't load any trucks prior to 8:30 AM because it wouldn't make sense economically. Mr. Strain read it that they wouldn't start to load or make any noise until 9:00 AM. Mr. Bosi clarified the hours of operations would be limited to those associated with the building permits but the truck operations for on and off site be limited to 9 AM to 3 PM. Staff recommends approval with the conditions and the LDC criteria being met. The hearing is closed and open for discussion and motion. Page 7 March 20, 2003 Mr. Budd moved to recommend approval of petition CU-2002-AR-2866 to the Board of Zoning Appeals with the modified staff stipulations "Exhibit C". Seconded Mr. Wolfley. Carried unanimously 9-0. Break - 9:50 AM Reconvened- 10:15 PM 2002 CYCLE GMP AMENDMENT PETITIONS David Weeks - Comprehensive Planning Section - noted there were revised staff reports and as they make their presentations they will be working off the loose leaf sheets of the latest versions of the staff reports. Stan Litsinger introduced two new Comprehensive Planners - John David Moss and Darrin Murphy. Discussion took place concerning the GMP Amendments and the LDC Code Amendments. The details of the Comprehensive Plan Amendments were discussed and noted questions will be asked accordingly? Mr. Weeks gave an overview & comments which were: Will be 4 privately initiated and 6 by the County. These are Comprehensive Plan Amendments not rezoning This is Transmittal Heating - not making recommendations on adoptions Sent on to the Board of County Commissioners and then the FL Dept. of Community Affairs - State & Regional Agencies - then DCA (Dept. of Community Affairs) will issue their ORC (Objections/Recommendations & Comments) Report. They will make sure they are found in compliance Notice of Intent - purpose for persons to sign up - person will be notified if found incompliance or not according to State Statutes. Revisions were sent to the Planning Commission Was advertised - full page 6 months behind schedule - usually adopted now BCC hearing on Amendments will be April 8th, 2003 Procedurally - petitioner first - then staff will provide overview of analysis, findings and recommendations Minor changes will be presented - some grammatical Need to collect the Documents at end of meeting Page 8 March 20, 2003 1) CP-2002-1- Petition requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5 plus or minus acres to allow 185,000 square feet of certain specified commercial uses for property located ¼ mile east of Collier Blvd. (CR-951) and on the north side of the road leading to the Swamp Buggy grounds (opposite Rattlesnake-Hammock Rd. PETITIONER Rich Yovanovich - this petition basically is to add a Comp Plan Amendment of approx. 18.5 acres near Rattlesnake Hammock road. The staffreport is detailed to the types of uses. The intent of the petition is to provide office opportunities for contractors, specialty contractors, engineers and surveyors. Distinguish it from a general office park to be more like the Horseshoe Drive Collier Commerce area. (Business-not Industrial Park) Wants to clarify it is for indoor self-storage not industrial type self-storage. Distinguish them from a typical office park. Warehousing is not appropriate so can be eliminated. Not intended to be an Industrial Park. Mr. Wolfley feels they need to get a better handle on where the County is going in certain areas. Not sure what the solution is but would be better in making their decisions. Mr. Strain is concerned bout the 951 Corridor rapidly changing and not the Urban fringe sub-district any longer. He asked if anyone in the County is looking at Master Planning the remaining parts of the corridor. Mr. Weeks responded there is no Master Plan. They will be going through an Evaluation Appraisal Report. When making decisions they need to consider the facts at hand. Know there is a proposed hospital, but don't know for sure yet. County doesn't have the only control. Need to consider the facts. Mr. Strain would like some language that would indicate this in not an entitlement at this point. Mr. Yovanovich states all this is asking is the fight to come in and ask to rezone the property. Mr. Weeks said the Planning Commission isn't mandated to approve - there are thresholds and can not exceed them - the square footages or the categories of uses. Staff does object to the proposed changes. The staff needed more data and analysis to justify why they need the uses and intensities. They did submit information and analysis of other commercial areas, to demonstrate this category of uses related to the construction trades, doesn't have enough amount of zoning. They could come back and ask for an unknown square footage. It does show there is a need for the contractor related businesses. What would be the basis for denying it? More discussion followed concerning the square footage, data and analysis and rezoning. It was decided the petitioner would provide more analysis to staff on traffic and market studies, or whatever is needed to appease staff's concerns. Page 9 March 20, 2003 STAFF Jean Jourdan - Comprehensive Planning Services - no correspondence and no objections. Mr. Weeks feel they will see many other changes occurring and requested along the corridor. The hearing is closed for discussion and motion. Mr. Budd moved they forward the petition to the Board of County Commissioners with a recommendation of approval to transmit to the Dept. of Community Affairs eliminating the specific allocation at this time, limiting the total to 185,000 square feet for indoor self-storage, and delete -"warehouse space for various contractor building/builder construction trade occupants and association with related offices." Also with sufficient information provided in time for staff to make a firm recommendation prior to adoption. Seconded Mr. Wolfley. Mr. Yovanovich stated what he is trying to do is not change the concept, but to clarify the concept presented. The data and information will support what they are doing. Carried unanimously 9-0. 2) CP-2002-3 - petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Sub-district by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C-3 zoning district, and removing conditional uses for property located at the NE quadrant of the Pine Ridge Road/Livingston Road intersection. PETITIONER Robert Duane - Hole, Montes & Assoc. - the subject property they are adding to the Pine Ridge road mixed use sub-district was shown on the map, (At the intersection of Pine Ridge Road and Livingston Rd) increasing the acreage in the sub district from approx. 13 acres to 16 acres. Requesting retail uses in the amount of 80,000 sq. feet to the westerly most 20.5 acres of the sub district. Uses would be those in the C3 zoning district. The existing uses that are permitted on the eastern 7 acres of the district or the conditional uses and the plan currently permits is the Golden Gate Master Plan single family uses at the intersection. He discussed the different changes taking place with the 4-6 lanes on Pine Ridge, the extension of Livingston Road extending to the north. Changes in the Amendments to the comp plan allowing commercial uses on this particular tract (commercial office uses) and also the adoption of the Pine Page 10 March 20, 2003 Ridge/Livingston road commercial infill sub-district on the other side of Pine Ridge Road. Both properties are contained in that sub-district. They are also proposing a loop road servicing to take traffic through the subject property from Pine Ridge Road onto Livingston Road. Proposal was taken to the Golden Gate Master Planning Committee, in which they recommended, with approval, and had no objections. Mr. Strain asked about particular language and wondering if it may be too flexible. STAFF Glenn Heath - Planning Services - a phrase was taken out "in an acceptable manner". Discussion followed on the landscape buffers and setbacks along with traffic concerns. It was noted another traffic analysis will be done and exit points are subject to review by the County Transportation Staff. Marjorie Student, Assistant County Attorney stated they can have a consistency with the Comprehensive Plan because the language would indicate that all the C3 uses could be utilized and later on if they tried to restrict the applicant; they could argue that it isn't consistent with the Comp Plan. She said "if something needs to be limited, now is the time to do it." After much discussion, Mr. Duane stated he would insert two sentences - "the C3 uses are not an entitlement. Such uses shall be further evaluated at the time ofrezoning approval to assure appropriateness in relation to surrounding property." Mr. Heath noted the changes in the language on page 5 of the staff report. The Landscape buffer area was discussed. The hearing is closed for discussion and motion. Mr. Budd moved to forward the petition CP-2002-3 to the Board of County Commissioners with a recommendation of approval to transmit to the Florida Dept. of Community Affairs with changes - which is the language regarding the landscape buffer be changed to reflect more accurately a 75 foot setback area; (a setback area still includes a 30 foot landscape buffer area). A limitation of uses in the language proposed by Mr. Duane that the "C3 uses are not an entitlement, such uses shall be further evaluated at the time of rezoning approval to assure appropriateness in relation to surrounding property", and to clarify that the staff language changes be incorporated. Seconded Mr. Adelstein. Carried unanimously 9-0. Page 1 1 March 20, 2003 3) AR-2002-4 - petition requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural-Settlement Area District to clarify vested uses, densities and intensities, and to clarify an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR-846), the north side of Randall Blvd. and bisected by Oil Well Road (CR-846), and commonly known as Orangetree PUD. PETITIONER Wayne Arnold - the Amendment is self-explanatory. It is to clarify language that is in the Golden Gate Master Plan. The settlement area district known as Orangetree is mentioned in the Future Land Use Elements and also in the Golden Gate Master Plan. He filed the amendments for clarifications and those changes that had been made with staff. He has no objections with the changes. STAFF David Weeks - history of the project was covered from the early 80's with the zoning and sub-districts settlements. The settlements resulted in certain category of uses and thresholds - 2,100 dwelling units, 22 acres of commercial and a variety of support uses. This petition is adding clarity of uses being allowed. This petitioner or anyone else can ask for a change - more dwelling units and more commercial. The vesting status has to do with the DRI thresholds under State Statues. Staff supports the petition and has not had any correspondence. Mark Strain has heard the plan over the past and likes it being that he is Chairman of the Golden Gate Master Plan Committee. The hearing is closed for discussion and hearing. Mr. Budd moved to forward Petition AR-2002-4 to the Board of County Commissioners with a recommendation to transmit to DCA. Seconded Mrs. Young. Carried unanimously 9-0. 4) CP-2002-5 - petition requesting text amendment to the "FLUE" to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, but limited to dwelling unit ownership, to be applicable to 55 acres in the Urban Residential Fringe Sub district, located on the east side of Collier Blvd. (CR- 951), approx..6 mile south of Rattlesnake-Hammock R. (CR-864). PETITIONER Page 12 March 20, 2003 Bob Mulhere - RWA - located the project on the exhibits displayed. The project is about .6 of mile south of Rattlesnake-Hammock. He reads in the paper the hospital is proposed north of the subject site if it is approved. The Activity Center will change the area. The 40 acre quadrant in the coming months will develop in a commercial way and have an impact on the area. The policy is limited to fee simple ownership. In the urban area, the Comp Plan allows any property owner to request an affordable density housing bonus and not limited to fee simple ownership - but conditions associated with it. The policy is not currently permissible within the Urban Residential Fringe so this Amendment is seeking to extend that policy to that area within the boundaries that is designated as the Urban Residential Fringe. It is one mile east of Collier Blvd. It is a transitional area which is now the Rural Fringe area. He is suggesting the transitional area will change, but there is a transitional area between the Urban and Rural areas further to the east and will be lower density. They submitted Transportation and Environmental evaluation. Neither roadway, Rattlesnake-Hammock and Collier Blvd, will be affected. Both segments are scheduled for improvement in the 5 year plan and are not operating deficient at this time. The Environmental evaluation revealed 17 acres of wetlands and 11 will be retained on site. The net developable area will be approx. 44 acres out of 55 acres. They are looking at a 6 unit density bonus from 8. This makes sense, it's a good area and staff recommended approval. Mr. Wolfley asked about the particular area. Mr. Mulhere's client has made an effort to acquire other properties in the area. They would not be able to ask for density bonuses on that property that is acquired that is not described in the Comprehensive Plan. Discussion followed on signaling, crossings, interconnections and transportation issues that will be decided at a later date. Mr. Strain talked about the density, and after much discussion Mr. Mulhere stated the total will be 7.5 units per acre. Mr. Midney asked why they excluded rental - Mr. Mulhere responded his client favored fee simple. Mr. Strain stated there is need for workforce housing for the more affordable owner occupied. There is an overabundance of affordable housing in that part of the County. Joe Schmitt stated the staff and Commissioners are supportive for the owner occupied affordable housing also. There is a market geared toward the young professional first time home buyer and it will not be a low income housing project. STAFF Jean Jourdan - Comprehensive Planning - staff supports the petition and recommends approval. There was a change in the language that added the words "or less". (Page 1) Page 13 March 20, 2003 Mrs. Young asked the price range of the units. Mr. Mulhere said they are referring to more of the entry level worker and will be affordable - 80% or less of the affordable median income of Collier County. That is approx. $65,000 household income. The median "earned" income is about half that figure. Hearing is closed for discussion and motion. Mr. Budd moved to forward petition CP-2002-5 with recommendation of approval to transmit to DCA with the correction on Item 3, page 2 of the staff report, and that the density bonus be a maximum of 6 units per acre and not 8. The buyers will earn 80% or less as clarified in the staffs report. Seconded Mr. Wolfley. Carried Unanimously 9-0. 12:10 Lunch Break 1:20 Reconvened CPSP-2002-6 - petition requesting amendments to the Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP Restudy Committee of which there are 6 of them. STAFF Glenn Heath - Comprehensive Planning - Liaison to the Restudy Committee - most of the Amendments is language that has been reviewed by the Restudy Committee and recommended forwarding to the BCC and Planning Commission. There are a number of staff initiated changes constituting of previous errors and omissions and clarifications and making some sub-districts language consistent with previous amendments. Mr. Heath covered the different changes. Mr. Strain asked if by changing the word "Transitional to Intermediate" is opening it up to any uses it doesn't have currently. It's not an added district. Mr. Richardson asked why there isn't a minimum acreage requirement. Marjorie Student explained a local government can not force a PUD on a property owner because the PUD is consensual between the property owner and the government. Mr. Abernathy asked if there could be a Sub-district within 2 districts. Mr. Heath states there are 3 parts to the sub-district with none being adjacent to the other two. One is in Golden Gate City (SW comer of Collier Blvd & Golden Gate Parkway), one on Green Blvd. and the third one at Santa Barbara and Parkway. They are all in the same sub- district. The one in Golden Gate City is one district and the other two are in a different district. Page 14 March 20, 2003 Mr. Weeks - Planning - explained it is an awkward situation in the plan as they have an urban commercial district (within Golden Gate City) where one of the sub-districts are, and the other two are within the Estates mixed use district. It is two completely different districts and stuck the same sub-district under one of the districts and made reference to the other location. They can list the sub-district twice, once under each district to make it clearer. Mr. Heath explains in the current Master Plan the sub-district is only listed under the Urban district. Mr. Heath again noted other changes. Some of the changes will go back to the Restudy Committee. Two new neighborhood centers are being recommended to be added in the Estates. One is at Everglades Blvd in Golden Gate Parkway and the other at Everlgades and Immokalee Road. They are also recommending expansion of the existing neighborhood center at Wilson Blvd and Golden Gate Blvd. The Restudy made some recommendations about the types of uses they would like to see and not see in the neighborhood centers. Discussion followed on some of the uses. Conditional Uses Sub-district regulates all conditional uses in the Estates and where they can be located. Many changes were made to the neighborhood center- staff put headings to specific sections. Other changes and revisions were covered including grammatical. Hearing was closed for discussion and motion. Mr. Budd moved to approve and forward petition CPSP-2002-6 with recommendation for transmittal to DCA. Seconded by Mrs. Young. Carried unanimously 9-0. 6) CPSP-2002-7 - petition requesting amendments to the Future Land Use Element and Future Land Use Map and Maps Series of which there are 7 listed. Mr. David Weeks - Chief Planner - Comprehensive Planning Section - similar to the last amendment - no committee involved, County initiated for clarification and correction of omissions etc. Population and growth rates need to be noted. After the first five years they drop down to the medium range growth rate. That is too low - present growth rate is approx. 13,000 per year in Collier County. Don't expect to see a downturn in growth. (Will be update annually) Discussion followed on wells and mobile home developments. New mobile Page 15 March 20, 2003 home developments are prohibited due to evacuation and public safety concems. Mr. Midney wondered where they will put persons of lower income. The most proposed changes were made in the office and infill commercial districts. It's a sub-district through rezone process and interpretations have had to be made. The depth of the abutting commercial was one change - intent was to allow a given piece of property on one or both sides and would be able to rezone to a commercial district. Examples were given. They clarified the language and cleaned up the changes. Intent is to apply to a piece of property that is no longer suitable for residential development because of what is next door for certain commercial zone and classification of roadway it is on - would then apply for a rezone. Mr. Weeks touched on the residential density rating system and mixed uses. Residential and commercial together, guest houses, cabanas, servant's quarters, and mother-in-law dwellings were discussed. The way the density is calculated was discussed. Marjorie Student attended the DSAC meeting in which they made some refinements to density and advised Mr. Weeks to contact Susan Murray in making appropriate changes due to the fact this issue is reflected in the Amendment to the Land Development Code because it needs to be consistent with the Comprehensive Plan. It had been decided to have staff draft language and take it to the Planning Commission and then to the Board of County Commissioners. It is better to follow the process then to put it into a format now and push it through. Mr. Weeks felt to endorse the transmittal of the language with a clear understanding that revisions may have to be made for the LDC changes and a separate process that brings the language back to the Planning Commissioners and BCC. Get it in front of DCA so they see the change, and seeing a modification wouldn't be as severe as seeing totally new language. Hearing is closed for discussion and motion. Mr. Budd moved to recommend that the Board of County Commissioners transmit to Florida DCA this section along with the revised sheets and the amendments described by Mr. Weeks for CPSP-02-7. Seconded Mr. Adelstein. Carried unanimously 9-0. 7) CPSP-02-8 -petition requesting a text amendment to the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. Page 16 March 20, 2003 STAFF Mr. Weeks - stated that is the change and has no recommendations. Hearing is closed for discussion and motion. Mr. Midney moved to recommend approval of CPSP-02-8 to be forwarded to the BCC and DCA. Seconded Mr. Adelstein. Carried unanimously 8-0. (Mr. Budd being absent from the room) 8) CPSP-02-9 - petition requesting text amendments to the Goals, Objectives and Policies of the potable Water Sub-Element of the Public Facilities Element, most notable to modify some Level of Service standards, requesting new Water District Boundary and Potable Water Service Area Maps new Potable Water treatment and Transmission Facility Map and new Table of Capital Improvement Projects and requesting an update for the entire support Document. Mr. Strain asked if it was necessary to talk about the potable Water Sub-Element. He had been trying to get an answer with regards to the current status of the County with Terrorist activities. The Sub-Element clearly indicates where the water wells are and he didn't feel that information should be public at this time. Marjorie Student stated under Rule 9J5 they are required to show where the well fields are show water sewer district boundaries and possibly transmission lines. It was suggested it be tabled until they can get an answer back from the BCC. Marjorie will discuss this with the Dept. of Community Affairs. If tabled it would hold up the other Amendments because they are required to do only two submittals a year. Mr. Strain responded they could go through it today and checks with the Sheriffs Dept. and the BCC in the meantime and have Marjorie report back to the Planning Commission. STAFF Mr. Weeks - maps are all consistent with the water Master Plan 2002 update. The water district boundaries have not expanded - not showing anything different. One map showed the various boundaries for future service that was adopted as part of the Rural Fringe Amendments. (Including Orangetree) The Heritage Bay (DRI) includes change to the water sewer district boundary that encompasses a 4 square mile area. This amendment has been adopted and being reviewed by DCA. Page 17 March 20, 2003 Hearing is closed for discussion and motion. Mr. Strain moved to recommend approval for Petition CPSP-02-9. Seconded Mrs. Young. Carried unanimously 8-0. (Mr. Abernathy being absent from the room) 9) CPSP-02-10 - petition requesting text amends to Goals, Objectives and Policies of the Sanitary sub-Element of the Public Facilities Element, most notable to modify some Level of Service standards, requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps and new Table of Capital Improvement Projects, and requesting an update to the entire Support Document. STAFF Mr. Weeks - indicated the changes are parallel to those of the previous petition that was just acted upon. Boundaries have not changed for the existing facilities. Recommended approval. Hearing is closed for discussion and motion. Mr. Budd moved to forward to the BCC with a recommendation they transmit to the Florida DCA petition CPSP-02-10. Seconded Mr. Adelstein. Carried unanimously 9-0. 10) CPSP-02-11 - petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust level of service standard for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub-Elements. STAFF Mr. Weeks - he already covered this in the previous amendments and recommended approval as modified. Hearing is closed for discussion and motion. Mr. Budd moved to forward to the BCC with a recommendation they transmit to the FL DCA petition CPSP-02-11. Seconded Mrs. Young. Carried unanimously 9-0. Page 18 March 20, 2003 It was noted there were no public speakers on any of the above petitions. e OLD BUSINESS - None NEW BUSINESS A. Holding meetings in lmmokalee - Mr. Strain Mr. Strain had a conversation with Commissioner Coletta concerning meetings in Immokalee as it was his understanding they are suppose to hold meetings there. In checking Mr. Strain found he was correct. Mr. Budd mentioned they have held meetings there when there were relevant petitions or issues concerning the Immokalee area. Mr. Strain stated there will be more issues in the near future. He feels they should have a standing policy to staff that meetings should be scheduled when there are issues concerning the area. SPEAKER Commissioner Coletta stated there is a renewed interest in Government Affairs in Immokalee. They are having more meetings at this time. Immokalee has mentioned they would like to form their own Planning Commission which might be redundant. The population in Immokalee exceeds the population of the City of Naples. Mr. Abernathy mentioned it could be set up by staff and possibly do the coastal business in the morning and then reconvenes in the afternoon in Immokalee for Immokalee business. Marjorie Student mentioned in the past they grouped petitions together that were related to the Immokalee area and held a regularly scheduled meeting there. It was done every 3 months or so. Commissioner Coletta didn't feel they would want to hold up progress and wait too many months. Discussion followed on splitting the meetings, day or night meetings and having staff work on it. Evening meetings were not favorable. They will direct staff to set-up. Page 19 March 20, 2003 B. Format of the Agenda Mr. Strain suggested staff save paper and money and not copy and send the BCC recaps to the Commissioners in their packets. Many felt they still wished to have them in their packets. 11. PUBLIC COMMENT Mrs. Young would like to speak with the Commissioners concerning upcoming projects and developments. 12. DISCUSSION OF ADDENDA - None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:15 PM. COLLIER COUNTY PLANNING COMMISSION Mr. Kenneth Abernathy, Chairman Page 20 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 March 25, 2003 Tun'ell and Associates Michael Hawkins 3584 Exchange Ave. Suite B Naples, Fl. 34104 REFERENCE: BD-2003-AR-3324, WILSON, CHARLES Dear Mr. Hawkins: On Thursday, March 20, 2003, the Collier County Planning Commission heard and approved Petition No. BD-2003-AR-3324. A copy of Resolution No. 03-06 is enclosed approving this use. If you have any questions, please contact me at 403-2400. SincpILa'ly, ~ Planner RG/sp Enclosure CC: CHARLES WILSON P.O. BOX 588, Walloon Lake, MI 49796 Land Dept. Property Appraiser ,..AMinutes & Records (BD, PSP & PDI) Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File <223 Phone (239) 403-2400 Fax (239) 643-6968 .. '~vww. collierzov, net CCPC RESOLUTION NO. 03- 0 (o RELATING TO PETITION NUMBER BD-2002-AR-3324 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 19-foot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. to authorize a 39-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 arrangement 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-3324, filed on behalf of Charles Wilson by Turrell and Associates, for the property hereinafter described as: Lot 58, Port of the Islands (The Cays) Phase II, as described in Plat Book 21, Pages 1- 4, of the Public Records of Collier County, Florida, be, and the same is hereby approved for a 19-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21., to authorize a 39-foot boat docking facility in the "RSF-4" zoning district wherein said property is located, subject to the following conditions: 3° 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 fi.om 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 recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this ~7~ day of ~'~/~,, ,2003. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA KENNETH ABERNATHY , Ci~AIRMAN ATTEST: //Jo/eph K. Sct(,mi~ / ~ommunity Development and Environmental [.~Services Administrator ~aproved ~o Form and Legal Sufficiency: Patrick G. White Assistant County Attorney BD~2002-AR-3324/RG/sp COLLIER COUNTY GOVERNMENT Community Development and Environmental Set,rices Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 March 26, 2003 SCOFIELD MARINE CONSULTING Attn: Miles Scofield 3584-B EXCHANGE AVE NAPLES, FL 34104 REFERENCE: BD-2002-AR-3491, BAREFOOT BAY COURT LOT 6 Dear Mr. Scofield: On Thursday, March 20, 2003, Petition No. BD-2002-AR-3491. the Collier County Planning A copy of Resolution No. 03-07 is enclosed approving this use. If you have any questions, please contact me at 403-2400. Sincere~ Planner RG/Io Enclosure CC: DCS, INC. 1085 Business Lane, Suite 10 Naples, Fl. 34110 Land Dept. Property Appraiser Minutes & Records (BD, PSP & PDI) ~' Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File Commission heard and approved Phone (239) 403-2400 Fax(239)643-6968 www.colliergov.net CCPC RESOLUTION NO. 03- 07 RELATING TO PETITION NUMBER BD-2002-AR-3491 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 heating and considered the advisability of a 8-foot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. to authorize a 28-foot boat dock facility in a "PUD" zone for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 2.6.21 .; and WHEREAS, the CCPC has given all interested parties the opporttmity 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-3491, filed on behalf of DCS, Inc. by Scofield Marine Consulting, for the property hereinafter described as: Lot 6, Block A, Barefoot Bay, in Section 6, Township 48 South, Range 25 East, as described in Plat Book 35, Pages 61-62, of the Public Records of Collier County, Florida, be, and the same is hereby approved for, an 8-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21., to authorize a 28-foot boat docking facility in the "PUD" 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. 3. 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 recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this ~~9~ ~5 day of vV~ ~ct It. ,2003. ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLOR1DA · AB ERNATH _'~,;~HAIRMAN ~osj/ph K. Schrr~t" ' ' - // / ~C~mmunity Development and Environmental ervices Administrator '~roveO _a~t~ Fom2/and Legal Sufficiency: Patrick G. '~h~it~ '" Assistant County Attorney B D-02 -AR-3491/RG/sp COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 March 26, 2003 SCOFIELD MARINE CONSULTING MILES L. SCOFIELD 3584-B EXCHANGE AVE NAPLES, FL 34104 REFERENCE: BD-2002-AR-3415, BAREFOOT BAY COURT LOT 2 Dear Mr. Scofield: On Thursday, March 20, 2003, the Collier County Planning Petition No. BD-2002-AR-3415. A copy of Resolution No. 03-08 is enclosed approving this use. If you have any questions, please contact me at 403-2400. Sinc r Ross Gochenau~ Planner RG/lo Enclosure CC: DCS, INC. Mr. Damon Warfel, Pres. 1085 .Business Lane, Suite 10 Naples, Fl. 34110 Land Dept. Property Appraiser .~ Minutes & Records (BD, PSP & PDI) Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File Commission heard and approved C C Phone (239) 403-2400 Fax (239) 643-6968 www. colliergov, net CCPC RESOLUTION NO. 03- 0 8 RELATING TO PETITION NUMBER BD-2002-AR-3415 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 powertoestablish, coordinate andenforce 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 7-foot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. of the Land Development Code to authorize a 27-foot boat dock facility in an RSF-5 zone for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 2.6.21. of the Land Development Code; 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-3415, filed on behalf of DCS, Inc. by Scofield Marine Consulting, for the property hereinafter described as: Lot 2, Block A, Barefoot Bay, Section 6, Township 48 South, Range 25 East, as described in Plat Book 35, Pages 61-62, of the Public Records of Collier County, Florida, be, and the same is hereby approved for, a 7-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21. of the Land Development Code, to authorize a 27-foot boat docking facility in the RSF-5 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 recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this c~P,~'f~ day of ~/~/*~ , 2003. ATTEST: ~[dgervices Administrator ronmental COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA KENNETH L. ABERNATHY, cHA~'tRMAN ~~, t~and Legal Sufficiency: Patrick G. White Assistant County Attorney BD-2002-AR-3415/RG/sp COLLIER COUNTY GOVERNMENT Comm,mit~ Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 March 27, 2003 Scofield Marine Consulting Atto: Miles Scofield 3584-B Exchange Ave. Naples, FI 34104 REFERENCE: BD-2002-AR-3203, DCS, Inc. Dear Mr. Scofield: On Thursday, March 20, 203, the Collier County Planning Commission heard and approved Petition No. BD-2002-AR-3203. A copy of Resolution No. 02-10 is enclosed approving this use. If you have any questions, please contact me at 403-2400. Sincerely, Ross Gochenaur Planner RG/sp Enclosure CC: DCS, INC. Attn: Damon Warfel, President 1085 Business Lane, Ste #10 Naples, FL 34110 Land Dept. Property Appraiser ~I_ inutes & Records (BD, PSP & PDI) Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File t y Phone (239) 403-2400 Fax (239) 643-6968 www. colliergov, net CCPC RESOLUTION NO. 02- ~o RELATING TO PETITION NUMBER BD-2002-AR-3203 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 an 8-foot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. to authorize a 28-foot boat dock facility in an RSF-5 zone for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement 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-3203, filed on behalf of DCS, Inc. by Miles Scofield of Scofield Marine Consulting, for the property hereinafter described as: Lot 7, Block A, Barefoot Bay, as described in Plat Book 35 Page(s) 61-62 of the Public Records of Collier County, Florida, be, and the same is hereby approved for, an 8-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21., to authorize a 28-foot boat docking facility in the RSF-5 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 recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. day of ,2003. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA ATTEST: ~om:nt and Environmental ~ ~7~~al Sufficiency: Patrick G.~Whit~ ' Assistant County Attorney BD-2002-AR-3203/RG/lo