CCPC Minutes 05/15/2003 RMay 15, 2003
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PLANNING COMMISSION
Naples, Florida, May 15, 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
Dwight Richardson (8:36)
Lora Jean Young
Lindy Adelstein
Brad Schiffer
Paul Midney (8:34)
Russell Budd
David Wolfley (10:30)
ALSO PRESENT:
Joe Schmitt, Community Dev. & Environmental Serv.
Ray Bellows, Planning Services
Marjorie Student, Assistant County Attorney
Patrick White, Assistant County Attorney
Fred Reischel, Planning Services
Kay Deselem, Planning Services
Don Scott, Transportation
Ross Gochenaur, Planning Services
Page 1
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 15, 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 LIMrFED 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 rrEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITI3EN 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, WRITrEN MATERIAI~ INTENDED TO BE CONSIDERED BY THE
CCPC SHALL BE SUBMrITED 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 ~
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- DAVE WOLFLEY & RUSSELL BUDD WERE ABSENT FROM MAY 1, 2003 MEETING
ADDENDA TO THE AGENDA
APPROVAL OF MINUTES - APRIL 17, 2003
PLANNIN~ COMMISSION ABSENCES
BCC REPORT- RECAPS- APRIL 22, 2003, & LDC AMENDMENTS FROM THE APRIL 9, 2003 MEETING
CHAIRMA~S REPORT
ADVERTISED PUBLIC HEARINGS
A. BD-2002-AR-3543 (RG) Ben Nelson, of Nelson Marine Comtruction, representing Denise & Loui~ Bemardi,
requesting a boat dock extonsion of 27 feet from the maxinmm allowable 20 feet If approved, the exUn~on will
permit the comtruction and tmintenance of a boat dock protruding 47 feet into the ~waterway. The property to be
considered for the boat dock extension is located at 42 Southport Cove, further described az Lot 46, Southport on the
Bay, Unit 2, in Section 6, Townahip 48 South, Range 25 East, Collier County Fldrida. (Coordinator. Ross Oochenaur)
10.
11.
12.
13.
Be
De
Fe
PUD~-2002-AR-2869, D. Walme Arnold, AICP, of Q. Ca'ady Minor & Asso~ia~, P.A., repr~ Panther
Development, L2., reque~-~ a rezo~ from "PUD" to "PUD" Phmned Unit Dev¢lopme~ hsvi~ tbe effect of
changing the name from Ronto Livingston PUD to Tuscany Reserve PUD, showing a change in ownership, reducing
dwelling units Dom 1380 to 799, reducing density from 2.98 to '-1.73 units, and adding a Village Center land use
district for property located at 7210 and 7190 Livingston Road North, in Section 12 and 7, Township 48 South, Range
26 East, Collier County, Florida, consisting of 461.29d: acres (Coordinator:. Fred Reiscbi)
PUDZ-2002-AR-3$12, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard D.
Yovanovich of Goodlette, Coleman and Johnson, P.A., represeoti~g TBI/Naples Ltd, recluesti-~ a rezone titan "PUD"
to "PUD" for a project ta~wiously known as Naples Forest Country Club to now be named Naples Lakes Country Club
PUD, amend the c~ component of the PUD document to r,~se the schedule of permitted uses in the
co,~,erciai/office designated tract of the PUD, and reduce the cmmnercial square footage from 150,000 square feet to
a maxinmm of 110,000 square feet for propmly located at the NW comm' of Collier Boulevard (C.R. 951) and
Rattlesnake Hammock Road (C.R. 864) in Section 15, Tova~_s~'? 50 South, Range 26 East, comistlng of 485.02.t:
acres. (Coordinator: KayDeselem)
PUDZ-2003-AR-3569, Robert Duane, of Hole Montes, Inc., representing North Naples Golf Range, Inc., requesting a
rezone Dom the "PUD" zoning district (Gadaleta PUD) to a new Planned Unit Developznent (PUD) district to be
known ns the North Naples Research and Technology PUD (formerly known as Gadaleta PUD). This project will
accou~,odate research and technology uses and low environmental impact manufacturing according to the Research
and Technology Park District of the Future Land Use Element Four (4) residential work force housing units are also
proposed to be provided. The property to be conside~i for this rezone is located at on the west side of Old U.S. 41
immediately south of the Lee County line, in Section 10, Tow,t~h'.m 48 South, Range 25 East, Collier County Florida.
This property consists of 19.3d= acres.(Coordinator: Fred Reischl)
CU-2002-AR-3485, Tent Kepple, of Kepple Engineering, representing Patricia J. Ryan, is requestlr, g Conditional
Use "11" to allow a new kiosk adjacent to the pariclnE lot in the C-5 zoning district for a food vendor. The property to
be considered for the conditional use is located at the Estey-Atr Plaza, 1253 Airpo~ Road South located nt the corner
of Ah-pon Road and Estey Avenue, in Section 1, Tow,t, hlp 50 South, Range 25 East, Collier County, Florida. This
property consists of 1.01± acres. (Coordinator: Fred Reischl)
CU-2002-AR-3054, .Tames E. McDonald or Karen P. Shelton, representing the Trustees of Vanderbilt Presbyterian
Church, requesting conditional use "2" (churches and houses of worship) and conditional use "4" (child care) of the
RSF-3 zoning district. The request is to incorporate an existing single-family home on Lot 21 into the existing use as a
church, and to pen~it a pre-school and child care in the church building only. The property to be considered for the
conditional use is located at 1225 and 1301 Piper Boulevard on the north side of Piper Boulevard in Section 24,
Township 48 South, Range 25 East, Collier County, Florida. This property consists of 2.24 acres. (Coordinator. Fred
Reiscid) 5
OLD BUSINESS
NEW BUSINESS:
PUBLIC CO~ rrE~
DISCUSSION OF ADDENDA
ADJOURN
CCTC AGENDA/SM/loS/01/03
May 15, 2003
Chairman Kenneth Abernathy called the meeting to order at 8:30 AM.
Pledge of Allegiance was recited.
Roll call was taken and a quorum established. Mr. Wolfley-excused, Mr.
Midney and Mr. Richardson absent.
Addenda to the Agenda - none.
Approval of Minutes - April 17, 2003 - Mr. Adelstein moved to approve the
minutes of April 17, 2003. Second by Ms. Young. Carried 7-0.
(Mr. Midney arrived at 8:34 AM)
5. Planning Commission Absences - June 5, 2003 - none.
(Mr. Richardson arrived at 8:36 AM)
Mr. Bellows discussed the summer schedule. The Planning Commission decided
to meet for their regular meetings in June and on July 17th and August 21 st for the
summer months.
BCC Report - Recaps - April 22, 2003 & LDC Amendments from the April
9, 2003 Meeting - Livingston Village Rezone was approved by the Board.
- Twelve Lakes PUD Approved
Government Facility Conditional Use at Orange Tree
Variance for aquatic architect for a screen enclosure.
Mr. Adelstein moved to approve the LDC Amendment minutes of April 9, 2003.
Seconded Ms. Young. Carried 8-0.
7. Chairman's Report- none.
8. Advertised Public Hearings:
BD-2002-AR-3543 - Ben Nelson, Nelson Marine Construction,
representing Denise & Louis Bernardi requesting a boast dock
extension of 27 feet from the maximum allowable 20 feet. If
approved, the extension will permit the construction and
maintenance of boat dock protruding 47 feet into the waterway.
The property to be considered for the extension is located at 42
Southport Cove, Collier County, FL.
Those testifying were sworn in by Mr. Abernathy.
Disclosures - none.
Page 2
May 15, 2003
PETITIONER
Ben Nelson - Nelson Marine Construction - representing Denise & Louis
Bernardi - approved by staff and meets all the criteria.
Several minor questions were asked by Commissioners on water depths etc.
STAFF
Ross Gochenaur - Planning Services - the project meets all criteria and
recommends approval.
Ms. Young asked about the letter opposing it indicating it being dangerous. Ross
showed a drawing, shore lines, mangrove groves and could not see how the dock
would impact the waterway.
The extension is only for the dock, and if the petitioner wished to put a covered
structure on the dock, he would come to the Commissioners separately and meet all
criteria. The covered structure would be restricted to 20 feet from property line.
Mr. Abemathy stated they have discussed before and discovered the regulations for
boat houses are less restrictive than for boat docks. Discussion followed.
Mr. Nelson pointed out Barefoot Beach is deed restricted and prohibits boat houses.
The hearing is closed for motion and discussion.
Mr. Budd moved to approve BD-2002-AR-3543 subject to staff's stipulations.
Seconded Ms. Young. Carried 8-0
PUDZ-2002-AR-2869 - Mr. Wayne Arnold of Q. Grady Minor &
Associates representing Panther Development requesting a rezone
from "PUD" to "PUD" Planned Unit Development having the effect
of changing the name from Ronto Livingston PUD to Tuscan
Reserve PUD, showing a change in ownership, reducing dwelling
units from 1380 to 799, reducing density from 2.98 to 1.73 units and
adding a Village Center land use district for property located at
7210 and 7190 Livingston Road North, Collier County, FL,
consisting of 461.29 plus acres.
Those testifying were sworn in by Mr. Abernathy.
Disclosures - Mr. Schiffer works for WCI and will abstain from the vote. WCI
owns Panther Development.
PETITIONER
Page 3
May 15,2003
Wayne Arnold - Grady Minor & Assoc. - this is a name change from the
existing Ronto Livingston PUD, to reduce the density from 799 to 380 units, and
adding a Village Center. The Master Plan has been updated. He talked about the
amenities.
The public information meeting was held a year ago with 4 attendees.
Neighbors to the North are- Lee County, Taylor Woodruff Community, West-
Mediterra Communities and Pelican Strand to the South. Discussion followed on
the ownership, tax rolls and LLC being listed as owner. The corporate information
is in their packets.
Mr. Adelstein asked about the maximum heights of the buildings.
Mr. Arnold explained - preserve area for gazebos etc. 25' - Village Center 45'-
Residential maximum height 50'.
Mr. Schiffer inquired about the corridor, 175 and preserve area and berm.
Mr. Arnold stated there will be a terrace system berm along the hillside and showed
illustration of buffer. The whole theme carries through the berm system and they
had worked with staff on the landscaping.
Mr. Budd wondered if they had communicated on the plans with the Lee County
neighbors.
Marjorie Student - Assistant County Attorney - she wanted to remind everyone
that the area is posted with signs and an ad in the newspaper.
Mr. Abernathy asked about the 5 foot setback for single family detached homes
with his preference being 7 V2 feet but will settle for 6 feet. Mr. Arnold is willing to
settle for 6'.
Mr. Strain asked if they have abandoned the DRI and their answer was "no they
have not". Commitments to DRI would still be in effect. To abandon would not
change things. The acreages were discussed with the open space requirements.
They have exceeded the Counties minimum and met the Corps. minimum - 59
acres of preserve.
The garages were discussed with language to be included. The lot sizes were also
discussed and found different standards for attached single family.
Mr. Strain asked about the parking requirements and being open to the public.
Wondered if the Cabanas will be sold - and Mr. Arnold stated they will probably go
with the golf clubhouse which will be open to outside memberships. It is not
official, but open to the public right now. There is an established number of
memberships and do not have to be a golf member.
Mr. Strain is concerned about the parking situation only.
Page 4
May15,2003
Page 6-2 - 6.4 - discussed the Development Standards & guidelines -Mr. Strain
expressed that he hasn't seen those guidelines nor received them - if an LDC if
protecting them and the PUD is the balance of the issues they have seen - he cannot
agree to it if they leave it in.
Mr. Arnold stated they would be inclined to strike it.
Hearing is closed for discussion and motion.
Mr. Strain moved to recommend approval for PUD-2002-AR-2869 with
stipulations recommended by staff and recommendations by the panel on chart
page 3-3 - the additional language for maintenance language, the striking of
the Tuscany Reserve Community Guidelines as referenced on page 6-2, which
also includes the multifamily half building height 6 yard setback for single
family detached and maintenance easement and 10' setback for unattached
garages.
Seconded Mr. Budd. Carried 7-1 - Mr. Schiffer abstaining.
9:40 AM Break
9:55 Reconvened
PUDZ-2002-AR-3512 - Mr. Wayne Arnold, Q. Grady Minor &
Assoc. and Richard Yovanovich of Goodlette, Coleman and
Johnson, representing TBI/Naples Ltd. Requesting a rezone from
PUD to PUD for a project previously known as Naples Forest
County Club to now be named Naples Lakes County Club PUD,
amend the commercial component of the PUD document to revise
the schedule of permitted uses in the commercial/office designated
tract of the PUD and reduce the commercial square footage from
150,000 square feet to a maximum of 110,00 square feet for
property located at the NW corner of Collier Blvd. and Rattlesnake
Hammock Road.
All those testifying were sworn in by Mr. Abernathy.
Disclosures - Mr. Strain may have spoken with Mr. Yovanovich or Mr. Arnold.
PETITIONER
Rich Yovanovich - After looking at the PUD there was a glitch with the terminology in
the PUD document. They found they could not do retail pick up and drop off for a dry
cleaner but a dry cleaning plant. There was a typo in the PUD document. Temporary
CO's were issued while they did the amendment to clarify issues of terminology.
Shopping center is platted and 60,000 feet exists. Has also been reduced from 150,000
square feet to 110,000 square feet and changed the name.
STAFF
Page 5
May 15, 2003
Kay Deselem - Planning Services - they have agreed to the language on the
transportation section of the PUD document - the only language changing is item 7-5-M.
Improvements needed to 951 will comply and in agreement.
Don Scott - Transportation Planning - they have been working with Lely to accept
storm water and other issues to reduce the fight of way. A consultant is looking at the
whole corridor as developments come in to see exactly what is needed for 6 lanes and
what is needed in certain areas for storm water. Rattlesnake Hammock 25 feet has been
addressed previously and will be widened to 4 lanes within the fight of way already
given.
Kay Deselem - mentioned they will not change the staff report but will reflect the
changes in status to the BCC in the Executive Summary.
Mr. Abernathy asked if there wouldn't be any usage changes, would they have to reduce
the square footage and was there any advantage. Kay did not see any.
The hearing was closed for discussion and motion.
Mr. Budd moved to forward Petition PUDZ 2002-AR- 3512 to the Board of County
Commissioners with recommendation of approval. Seconded Mr. Adelstein.
Carried 8-0.
D. PUDZ-2003-AR-3569 - Robert Duane, of Hole Montes, Inc. representing North
Naples Golf Range Inc, requesting a rezone from the PUD zoning district to a new
PUD district to be known as the North Naples Research & Technology PUD
(formerly known as Gadaleta PUD). This project will accommodate research and
technology uses and low environment impact manufacturing according to the
Research and Technology Park District of the Future Land Use Element. Four
residential work force housing units are also proposed to be provided. The property
to be considered for this rezone is located on the west side of Old US 41 immediately
south of the Lee County Line in Collier County, FL. Property consists of approx.
19.3 acres.
Ali those testifying were sworn in by Mr. Abernathy.
Disclosures - Mr. Strain spoke with Tony Pires about the neighboring property to the
north, talked with the owner of the property and also spoke with Bob Duane concerning
issues on buffers concerning the property.
PETITIONER
Robert Duane - representing the petitioner - he introduced his team. He discussed
the location of the property being on the west side of 41, south of the Lee County line,
Page 6
May 15, 2003
Spanish Wells-north, with 19 acres of which 12 are useable for target and non-target uses.
Target uses are industries such as aviation, aerospace, health technology and information
technology. They are low environmental impact uses. They need to have access to
arterial or collector roadways in urban areas. They meet these requirements. No outside
storage and are technology and research based. Consistent with the LDC.
Non-targeted industry uses are C1 through C3 uses and ancillary to the park. No
buildings proposed over 35 feet in height. Sterling Oaks is to the west. There is a
wetland area and a 3 foot upland buffer along northern property line tapering down to a
15 foot buffer and wall treatment. They have agreed to a double row of palm trees along
the north and will meet the requirements behind the buildings.
They are in agreement with the staff recommendations - but have a couple of omissions
from the PUD - one pertained to affordable housing and now in agreement with the
Comprehensive Planning Staff that they have met the appropriate number of affordable
housing units. Will be a mixed use structure combined both commercial and residential
units. Will be 12 units without density bonuses.
He felt there should be some standards for mixing residential and commercial uses in the
technology park.
He asked for support of the Petition. They did unanimous approval from the
Environmental Board and held two public meetings with Sterling Oaks. Drainage and
security were their concerns and provided standards in the Ordinance. They exceed most
of the standards for a research and technology park.
Mr. Strain asked about a crossed out version of the PUD. Mr. Duane stated it was such
a different document it would have been confusing being a rezone from a PUD to PUD.
This was discussed about the repeal of the PUD.
Tammy Nemecek - Executive Director for the Economic Development Council - in
May the EDC held a meeting with the Board of County Commissioners to discuss the
opportunities for economic diversification of Collier County. A lack of available space
was identified for those type high wage employers that the EDC is trying to attract in
Collier County. The BCC directed staff to develop a new land use designation for
research and technology. This would provide a mixed use of zoning including specific
sites for targeted industry companies. She covered the process they went through with
the Board of County Commissioners. The EDC has been working with this particular
company for the past year to entice them to relocate to Collier County. She discussed
other industries looking to relocate in Collier County. She covered the capital investment
and incentive programs to entice then to locate in Collier County. This site is the only
potential location suitable to their needs. If the zoning is not approved they run a serious
risk of not coming to Collier and locating in Lee County. Collier County needs to
provide resources to be competitive, attract quality employers paying higher than average
wages and providing year around employment creating a sustainable economy. This
provides for a mix use of work force housing and commercial uses. They support the
zoning request presented.
Page 7
May 15, 2003
Jim Balton - Balton Architect - intent of project is to give the character of the buildings
a high-tech research type look. They developed standards in lieu of the County standards
that require a single story structure in front of building - a contemporary look. He
discussed how the buildings will appear, the buffers, and screening with a double row of
trees. He also discussed the north property line, drainage and water retention ponds.
(Mr. Wolfley arrived at 10:30 AM)
Mr. Strain referenced three documents of the PUD and asked about Page 7, section 3-B.
Build out time - done in 2005? Mr. Duane stated it depends upon market conditions and
is an approximate time. Page 16, Section 5-5.2.A.5 - preserve area requirements were
discussed.
Page 20 - Item D4 - minimum 25 foot yard setback? Mr. Duane commented "yes".
Page 26 - top of page - he would like the words "so long as they are consistent with the
Land Development Code".
Marjorie Student - Assistant County Attorney - has a problem with the vagueness of
the requirements and is working with Transportation. No standard is referred to and
looks like a standard can be developed. She also recommended the reference to the
Comp Plan be removed.
STAFF
Fred Reischl - Planning Services - project will be consistent with the Growth
Management Plan. Had sent packet to the City of Bonita Springs with no comments
received. No objections to it and recently received an e-mail from Tony Pires.
Mr. Strain asked about minutes at the neighborhood/informational meeting.
Joe Schmitt responded it is up to the applicant to provide guidance how the meeting is
run and or taped. It is up to them to video tape it or a taped meeting.
The meeting was recorded - Ray Bellows attended first meeting with approx. 20-30
people from Sterling Oaks and second meeting attended by 20-30 people with some of
the same residents. They notify residents with a legal notice to those properties within
500 feet - set by the petitioner. A quarter page ad was also submitted.
SPEAKERS
Craig Woodward - Tony Pires Partner - represents the property owner to the North -
which is a trust, also known as the Spanish Wells project. He stated they had no notice of
the Planning Commission meeting. They are in a different county so no notice was sent
to them. They had no notice of the Public neighborhood meetings either. His client
spoke with Mr. Duane in January and February was told he would get copies of the
application and staff reports and have not been received as of yet. They have concerns
with adjacent property to the West. They were:
Page 8
May 15,2003
- Application states property to the North is vacant. There will be a road and residential
and multi-family.
- 30 foot buffer proposed - consists of a preserve and not a buffer. Palm trees aren't
considered to be a buffer according to them.
- The property they represent is zoned as residential.
- No units will be built south of the property line.
Staff report page 3 - dealt with the property to the north as being undeveloped.
Buffering was discussed
- Rezone Findings - talked about proposed change to neighborhoods, and their property
was not mentioned.
- Property values impacted.
- First they heard was at this meeting of the architectural issues and adequate buffering.
Mr. Duane's response to Mr. Woodward's comments - he did provide copies of the
application submitted to Mr. Woodward's client and apologized for not following up for
the dates of the meeting.
Property is vacant, is residentially zoned, will be separated from their development,
comer is zoned commercial and with a Type "B" buffer. Staff felt it was sufficient.
They will not require a wall and would meet with the petitioner and will consider if they
are more comfortable with one. He discussed the palm buffer once again. They will
exceed the open space requirements. They will meet and exceed with the minimum
requirements for the Counties Landscape Buffering.
Mr. Strain asked about the minimum yard requirement adjacent to any residential zoned
or use property - structural wall is not 25 feet. Extend to US 41 might work better to
both parties.
They did agree to provide a wall.
Mr. Schiffer - light fixtures are kept to 12 feet - would like to see on the north side also.
(Wording: parking lot lighting on the most westerly and northerly tracts).
Mr. Duane wanted to point out there is a standard in the Ordinance that the wall and the
landscaping treatments will be done on a lot by lot basis. They will not construct a wall
in the early phases of the project.
Mr. Woodward stated they will meet with the petitioner and work out any differences.
The hearing is closed for discussion and motion.
Mr. Richardson asked about the notification of adjacent counties.
Mr. Schmitt stated they notify the planning department in Lee County. Signs are also
posted of the hearing dates.
Page 9
May 15,2003
Mr. Strain moved to recommend approval of PUDZ-2203-AR-3569 with the
stipulations noted by staff as well as the stipulation regarding the parking light
correction for the north property line and 8 foot high wall with landscaping to be
added for the extent of the property at the time each parcel is developed.
Mr. Budd Seconded. Carried 9-0
De
CU-2002-AR-3485 - Terry Kepple, of Kepple Engineering,
representing Patricia J. Ryan, requesting Conditional Use "11" to
add a new kiosk adjacent to the parking lot in the C-5 zoning
district for a food vendor. The property to be considered is located
at the Estey-Air Plaza, 1253 Airport Road South located at the
corner of Airport Road and Estey Ave, Collier County, Florida.
Property consists of approx. 1.01 acres.
Those testifying were sworn in by Mr. Abernathy.
Disclosures - Mr. Adelstein spoke with Mr. Ryan on the telephone.
PETITIONER
Mr. Terrance Kepple - representing the petitioner - Requesting a Conditional Use for
a "Kiosk" at Estey Plaza. A color copy was displayed. They made minor revisions to
the Site Plan. Added a sidewalk and is intended to serve snack type foods and soda. It
was reviewed with staff and in agreement with the project. They made revisions to
address safety concerns. It is intended to be a family gathering with a school nearby.
The petitioner discussed it with community leaders of who thought it would be good in
the area. The East Naples Civic Association reviewed and approved it. The serving area
will be away from the parking lot and drive aisle. Existing hedge will remain between
the Kiosk and the drive aisle. They moved the seating area away from the parking spaces
and will have picnic benches there. The Kiosk will be tied down and permitted and not
mobile.
The dimensions are approx. 8'x12'. They will apply with the applicable Land
Development Code requirements. They asked to stay open until 8:00 PM.
STAFF
Fred Reischl - Planning Services - concerned about the architectural guidelines and
may have to be modified. The landscaping regulations require being on the outside of a
structure. Additional landscaping is needed to buffer the Kiosk.
Mr. Strain asked about the parking lot for Home Depot with a large parking area and
wondered why they choose the most difficult area and congested parking lot with very
little spaces and asked how it would work.
Mr. Kepple responded it will be mostly walking traffic and not vehicle traffic.
Page 10
May15,2003
Mr. Schiffer asked if there are extra parking spaces available. Mr. Reischl said it was
discussed and has to meet the parking regulations and the petitioner was confident it
would.
Mr. Schiffer wondered if it was in a water retention area and if there were restrooms
available for staff. The owners' stated one person would man the Kiosk and would use
the shopping center since the petitioner owns the shopping center. It will have electrical
but no plumbing.
Mr. Adelstein wondered if they reduced the size of the driveway (width). They have
not.
(Russell Budd left at 11:32 AM)
Mr. Kepple stated the Kiosk is the type of structure that is going to be put up.
Mr. Reischl had one person at the public information meeting and he had no objections.
The hearing is closed for discussion and motion.
Mr. Abernathy stated in the 4 years on the Planning Commission this is the most
outrageously bad idea he has seen. The location is not convenient and kids will be
buying junk food. No redeeming social value to it.
Marjorie Student reminded the Commissioners in determining approval or not there are
4 criteria to be concerned about and the reason must be stated in the motion.
Mr. Abemathy named one criteria that bothered him was "B" - ingress and egress to
property and proposed structures in reference to automobiles, pedestrian safety and
convenience, traffic flow and control and access in case of fire and catastrophe. He felt
the 7-11 gas station across the street is sufficient for snacks and food.
Mr. Strain felt the location is the problem; he likes the quaintness but is in an area with so
much traffic.
Mr. Abernathy felt the same way with the traffic situation.
Mr. Abernathy moved to forward CU-2002-AR-3485 to the Board of Zoning
Appeals with approval of the staff's recommendation of denial.
Seconded Mr. Adelstein. Carried 8-0.
Ee
CU-2002-AR-3054 - James E. McDonald or Karen P. Shelton,
representing the Trustees of Vanderbilt Presbyterian Church,
requesting conditional use "2" (churches and houses of worship)
and conditional use "4" (child care) of the RSF-3 Zoning district.
Request is to incorporate an existing single family home on Lot 21
into the existing use as a church, and to permit a pre-school and
Page 11
May15,2003
child care in the church building only. The property to be
considered for the conditional use is located at 1225 and 1301 Piper
Bivd on the north side of Piper Blvd., in Collier County, FL. The
property consists of 2.24 acres.
Those testifying were sworn in by Mr. Abernathy.
Disclosures - Mr. Richardson, Mr. Strain, Mr. Adelstein, Mr. Schiffer and Mr.
Abernathy all received e-mails in support of the Petition.
PETITIONER
Rich Yovanovich - representing Vanderbilt Presbyterian Church - the church
bought a home next to the church in the process of adding day care. It is a conditional
use and is adding the home to the church campus. The day care will not be in the home,
it will be in the main church. The home will be used as a home or church office space.
Staff is recommending approval and hopes the Commissioiners approve it so the state
licenses can be applied for in the fall.
Mr. Schiffer asked about the playground area which will remain in the back.
Mr. Richardson asked if it is open to the public and Mr. Yovanovich stated "yes".
Mr. Schmitt said there are no real guidelines with the public and a tough issue to deal
with, which sometimes requires being a parishioner. Parking can also be a concern.
The most children they can have are 48.
STAFF
Fred Reischl - Planning Services - no objection from the neighborhood information
meeting and any concerns have been taken care of. With the conditions added it is
compatible with the neighborhood.
SPEAKERS
Joseph Betelho - he lives on Lot 19 adjacent to Lot 21 and only objection is wondering
why change an area that is family homes to a church property. Who will assure him that
eventually Lot 21 will not be bingo or rehab? The church is renting the property now and
the tenants are very noisy with an SUV, trucks, cars, motorcycles etc. He wanted to be
assured it was going to be a quite area if the church is going to use it for their use.
Rich assured it is going to be a meeting place for the church - it is a house right now
being leased out through a rental agency. They will talk to the tenants.
Discussion followed between the two parties.
The lease is up in August and will talk with them. Once no longer used as a resident it
will be used as office space and/or a meeting place.
Page 12
May 15, 2003
There is a 15 foot type "B" buffer - do they want to keep it there was a question by Mr.
Schiffer.
The residential home had no problem and their preference to deal with a different type
buffer because of a pool in that area was discussed. Since the pool is there and about 8
feet from the property line - the 15 foot wide buffer would be impossible and helpful to
clarify that they did not have to have it.
Removing the "B" type buffer was agreed upon.
The hearing is closed for discussion and motion.
Mr. Strain moved to approve CU-2002-AR-3054 with the conditions stipulated in
addition to "Landscape Buffers may be granted where existing structures occur".
Seconded Mr. Adeistein.
Mr. Abernathy would feel better if there were church staff persons in the rental and not
turned over to a rental realtor.
Mr. Yovanovich assured him they will not use it as rental generated property when the
lease is up.
Mr. Strain added an Amendment to the motion to read as follows: after child care it
will state - to be used for children or leased residential property after the present
lease has expired.
Mr. Adelstein agreed with his second.
Carried 8-0.
9. OLD BUSINESS:
- Mr. Schiffer mentioned some sort of a memorandum should be sent out when
there is more than one for the packet on some of the petitions such as Naples
Research Park - it was very confusing.
10. NEW BUSINESS:
- Mr. Schiffer would like to request the LDC be changed on "boathouses".
Mr. Schmitt will look at the submittal and stated the Planning Commission can
recommend to the staff a proposed amendment to the LDC. They are reviewing the
Ordinance and cleaning it up now.
Discussion followed on the procedure. An LDC Amendment from the Chairman can
be recommended to the staff. Mr. Schiffer handed his recommendation to the other
Commissioners. Comments can be given to Mr. Schmitt or Ms. Murray.
Mr. Richardson will be absent the month of June.
Mr. Abernathy stated he would like to discuss bonus density at some time.
Mr. Schmitt said they will be looking at eliminating all density bonuses except for
affordable housing.
Page 13
May 15, 2003
Discussion followed on Amendments, mixed use and incentives. They will be
brought up as part of the low housing initiatives for the LCD program.
11. PUBLIC COMMENT ITEM- None
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 12:10 PM.
COLLIER COUNTY PLANNING COMMISSION
Mr. Kenneth Abemathy, Chairman
Page 14
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FiRST NAME--MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMIi ¢P_E
MAILING ADDRESS
COUNTY
DATE ON WHICH VOTE OCCURRED
THE BOARD, COUNCIL. COMMISSION, ALrTHORITY OR COMMITTEE CN
WHICH I SERVE, IS A UNIT OF:
r~ CITY ~'~UNTY [] OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDI¥1StQN:
MY POSITION IS:
Q ELECTIVE
E~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 e!ected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict at 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
on 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 112.3143~ 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 or 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 orshe 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 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, cne-vote basis are ncr prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brolher, 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 proper17, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock 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 form with 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 nature 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)
FORM 8B - REV. 1/98
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 ATTEMPT 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
I, ~.,~) ,~r~.~ '_~.,"~ hereby disclose that on ~'~{ lC
(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 ~ ~ ~ i~ J~
whom I am retained; or
inured to the special gain or loss of
is the parent orgCnization or subsidiaw of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
by
. , which
Date Filed Signa ~re
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILI iRE TO MAKE ANY REQUIRED 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 Division
Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104
June 19,2003
NELSON MARINE CONSTRUCTION
BEN NELSON
10530 WILSON ST.
BONITA SPRINGS, FL 34135
REFERENCE: AR-3543, BERNARDI, LOUIS
Dear Mr. Nelson:
On Thursday, May 15, 2003, the Collier County Planning Commission heard and approved Petition
No. AR-2003-AR- 35433.
A copy of Resolution No. 03-10 is enclosed approving this use.
If you have any questions, please contact me at 403-2400.
Sincerely, _
Ross Gochenaur
Planner
Enclosure
CC:
Louis J. & Denise C. Bemardi
20588 Porthole Court
Estero, Florida 33928
Land Dept. Property Appraiser
Minutes & Records (BD, PSP & PDI) v/
Customer Service
Addressing (Peggy Jarrell)
M. Ocheltree, Graphics
File
C
C
Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov.net
CCPC RESOLUTION NO. 03-1_0
RELATING TO PETITION NUMBER BD-2002-AR-3543 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 § 2.6.21. to authorize a 47-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 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-3543, filed on behalf of Louis and Denise C. Bernardi by Ben
Nelson of Nelson Marine Construction, for the property hereinafter described as:
Lot 46, Southport on the Bay Unit 2, as described in Plat Book 16, Pages
100-101, 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 § 2.6.21., to authorize a 47-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 a. pproval 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 ol
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 /~'""~ day of ~,~f' ,2003.
ATTEST:
COLLIER COUNTY PLANNING COMMISSION
COLL~O~O< RIDA
KENNETH L. ABERNA~HY~, AIRMAN
Jff~SyCDhem~te~oplent and E~nnvironmental
Services Administrator
!i~ Legal Sufficiency:
Assistant County Attorney
BD-2002-AR-3543/RG/sp