Loading...
CCPC Minutes 06/19/2003 RJune 19,2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, June 19, 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 Abernathy Mark Strain Dwight Richardson (Excused) Lora Jean Young Lindy Adelstein Brad Schiffer Paul Midney Russell Budd David Wolfley ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services Ray Bellows, Planning Services Marj orie Student, Assistant County Attorney Fred Reischl, Planning Services Don Scott, Transportation AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JUNE 19, 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 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2. 3. 4. 5. PLEDGE OF ALLEGIANCE ROLL CALL ADDENDA TO THE AGENDA APPROVAL OF MINUTES - MAY 15, 2003, CCPC,,MEETING PLANNING COMMISSION ABSENCES - - DWIGHT RICHARDSON V~rlLL NOT BE PRESENT AT THE JUNE, 2003, MEETINGS BCC REPORT- RECAPS: LDC MEETING OF MAY 14, 2003, BCC RECAPS OF MAY 13 & MAY 27, 2003 CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS A. DOA-2002-AR-2358, Robert J. Mulhere, AICP, of RWA, Inc., requesting and amendment to the Parklands Development Order 85-4, as amended for the purpose of allowing.retention of the currently approved residential uses, but allowing for a conversion in the mixture of multi-family and single-family uses; adding an additional 9 holes of golf for a total of 27 holes; establishihg a phased "Road Constructing Agreement" with Collier County, allowing the developer to construct Logan Boulevard Extension from its current terminus through the project to connect with Bonita Beach Road in Lee County; addressing environmental issues, including wetland preservation and flow-way issues; and updating the DO/PUD language to reflect current County requirements and to address the status of Developer Commitments. (Companion to PUDZ-2002-AR-2357) (Coordinator: Ray Bellows) Be PUDZ-2002-AR-2357, Robert J. Mulhere, AICP, requesting an amendment to the Parklands PUD for the purpose of allowing retention of the currently approved residential uses, but allowing for a conversion in the mixture of multi-family and single-family uses; adding an additional 9 holes of golf for a total of 27 holes; establishing a phased "Road Constructing Agreement" with Collier County, allowing the developer to construct Logan Boulevard Extension from its current terminus through the project to connect with Bonita Beach Road in Lee County; addressing environmental issues, including wetland preservation and flow-way issues; and updating the DO/PUD language to reflect current County requirements and to address the status of Developer Commitments. (Companion to DOA-2002-AR-2358) (Coordinator: Ray Bellows) Ce PUDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Barton and Wendy Mclntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 South, Range 26 East, Collier County Flor/da. This property consists of 1194- acres. (Coordinator: Fred Reischl) CU-2003-AR-3634, Dennis Cronin, of Bond, Schoeneck and King, P.A.,, representing Dennis R. Combs and Earl G. Hodges, requesting Conditional Use "20" for an oil storage facility in a "I" Industrial zoning district. The property to be considered for the conditional use is located in the northwest quadrant of the intersection of Industrial Boulevard and Radio Road at 68 Industrial Boulevard in Section 36, Township 49 South, Range 25 East, Collier County, Florida. This property consists of 4.63 acres +. (Coordinator: Fred Reischl) 9. OLD BUSINESS I0. NEW BUSINESS: THERE WILL BE NO CCPC MEETING ON THE FOLLOWING DAYS: JULY 3, 2003, AND AUGUST 7, 2003 11. 12. PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA 13. AD$OURZ~ CCPC AGENDA/SM/IoS/01/0~ 2 June 19, 2003 o Chairman Kenneth Abernathy called the meeting to order at 8:33 AM. Pledge of Allegiance was recited. Roll Call was taken and a quorum was established. Mr. Richardson is excused for the month of June, and Mr. Midney is absent. Addenda to the Agenda - Item 8C is continued to the July 17th meeting. Heritage Bay PUD DRI was scheduled also but is continued. Mr. Strain asked the County Attorney if the advertisement for Item 8B referenced the Document they are attempting to change, and if so, what Document is it. Marjorie Student - Assistant County Attorney - responded she reviewed the title to the Ordinance which is a different ad that goes in for the Planning Commission hearing, so has to ask staff. Mr. Strain believed the title for the Ordinance is in error but not sure on the ad. It is the Ordinance that will be forwarded onto the BCC referencing a prior PUD Ordinance for the project, not the current one; and wondered if they can advertise to repeal an already repealed Ordinance. Ms. Student stated she thought it was caught when she reviewed the Ordinance but may not be reflected in their packets. Ms. Student mentioned there is an error in the Ordinance number, but clear that the Commissioners are repealing a prior one, so not real serious. Approval of Minutes - May 14, 2003, CCPC Meeting Correction of Mr. Adelstein's name-Page 6, Mr. Schiffer- page 4 should read "two directional paths". Mr. Adelstein moved to approve the May 14th, 2003 minutes s amended. Seconded Mr. Budd. Carried unanimously 7-0. Approval of May 15, 2003 Minutes Correct spelling for "Mr. Boughton". Mr. Abernathy referenced the amendment to the motion by Mr. Strain on the Vanderbilt Presbyterian Church for the conditional use. He wanted to make sure everyone was clear that it was an "in house" rental rather than through a rental agency and was conveyed to the BCC. (That was the intent) Moved by Mr. Budd to approve the May 15th, 2003 minutes as amended. Seconded Mr. Adelstein. Carried unanimously 7-0. Planning Commission Absences - Mr. Budd and Mr. Adelstein will be absent for the July 16th LDC meeting. June 19, 2003 Mr. Abemathy discussed changes to the schedule under "Absences" for future agendas. He would like to stick to the schedule whenever possible. BCC Reports - Recaps: LDC Meeting May 14, 2003, BCC Recaps of May 13 & May 27, 2003 - Mr. Bellows mentioned the Conditional Use for the Fire Station was approved by the BCC. Mr. Abernathy asked about the recommendation from the CCPC on Neon Open- end inside signs. Mr. Schmitt responded the BCC approved the open signs to be Neon at the June 16th LDC meeting. The sidewalk widths will remain the same as was in the LDC which is the 5 and 8 foot width of sidewalks rather than the proposed 6 & 8 foot. The portion that changed had to do with the multi-family dwelling unit sidewalks. 7. Chairman's Report - Mr. Abernathy reminded all speakers, when speaking, to speak at the lectern and speak loudly so it can get on the public record. 8. Advertised Public Hearings: Ae DOA-2002-AR-2358 - Robert J. Mulhere, AICP, of RWA, Inc. requesting an amendment to the Parklands Development Order 85-4 as amended for the purpose of allowing retention of the currently approved residential uses, but allowing for a conversion in the mixture of multi-family and single-family uses, adding an additional 9 holes of golf for a total of 27 holes, establishing a phased "Road Construction Agreement" with Collier County, allowing the developer to construct Logan Blvd. Extension from its current terminus through the project to connect with Bonita Beach Road in Lee County, addressing environmental issues including wetland preservation and flow-way issues, and updating the DO/PUD language to reflect current County requirements and to address the status of Developer Commitments. (Companion to PUDZ-2002-AR-2357) Disclosures: that morning. the team. Mr. Strain had a conversation with Mr. Mulhere concerning transportation Mr. Budd spoke with Mr. Mulhere & Mr. Wolfley spoke with a group of Those testifying were sworn in by Mr. Abernathy. PETITIONER: Mr. Basinait - Attorney with Henderson, Franklin, Starnes & Holt, P.A., Fort Meyers - representing Ronto Parklands Development - he introduced his team and gave a brief history of the project. He displayed an aerial map with the location of the project. It is known as the Parklands Collier project. 3 June 19, 2003 Adjacent projects are: Olde Cypress is east of Logan Blvd, north of Immokalee Road on the west side of Logan is Longshore Lake, Quail Creek Estates was shown, east of Logan is Terafina, and then Quail West. The preserve area was also shown. History of project is: Parklands DRI & PUD approved in 1985, 2410 residential units - 185 single families, 2225 multi -family, and an 18 hole golf course was approved with a park and school site. The Logan Blvd Extension, now being called the State Road 951 Extension, was both included in the PUD & DRI. Many amendments have now been made. In 1993 324 acres were removed from site. They now have 1603 total units, 123 single family, 1480 multi-family and still the 18 hole golf course. They are now requesting to do the following: - Convert multi-family homes into single family homes. (No additional traffic) - Add 9 holes of golf. - Provide construction schedule for Logan Blvd. Extension - Provide for the flow-way and wetland areas. - Creating off site mitigation. - Update the PUD & DRI He noted SWFL Regional Planning Council has approved project and support Logan Blvd. extension. Collier County School Board supports project. Staff has reviewed the request and approved it and they will never exceed the 1603 units. Mr. Bob Mulhere - RWA, Inc. - 3050 North Horseshoe Dr., Naples - Professional Planner for 15 years and formerly the Planning Director for Collier County. Represents the owners of the property which is Ronto. The property is located in the urban area (mixed use district). Will represent 4 units per acre. He displayed a map and also showed the different boulevards and roads that have been discussed. He talked about Logan being a 2 lane road. There is 60 feet between Terafina and Quail Creek Estates and another 20 feet approved with Terafina for a total of 80 feet of the proposed roadway. The 60 feet limits it to the two lanes. They have an agreement for design with Transportation. He discussed the environmental issues. They had several meetings with the different environmental groups. One of the concerns was the impact of losing a wading bird habitat or the wood stork habitat. After a severe fire in 1999 the vegetation was destroyed and afterwards the exotics came back. The wetlands are impacted and will be restored and secure the 330 acres. The EAC recommended approval of the petition unanimously. They will enhance several locations working with the agencies through the permitting process for fish and wood stork habitat. They will maintain a natural drainage pattern and in the process of obtaining permits from the SFLWM District. They have met with different residential representatives in the area and heard their concerns. The Logan Blvd. Extension has generated much interest. People in the area apparently were not aware the roadway was going to be constructed and a through roadway; a minor collector roadway. The roadway has been part of the public debate in the past 20 years from time to time. The DRI Master Plan shows the continuous roadway going all the way to Bonita Beach Road. He showed the County's 2020 version 4 June 19,2003 along with the actual 2025 plan; again shows Logan going north through the Parklands development with the actual map showing the exact alignment as they propose it. The School Board is expressing an interest in possibly 25 acres. Parklands is not asking for any Collier County impact fee credits and will be built with no cost to the tax payer. Access to Longshore Lakes will be possible. There are concerns with people in Olde Cypress concerning the Extension. They engaged a noise expert and will give a report. He gave a summary of the report talking about the 66 dBA level. It will be discussed in greater detail later. There are a couple of homes close to the future roadway. He showed the platted lots and also an aerial in which shows 53 feet between pavement and edge of structure. There have been concerns of truck and construction traffic noise. There will be a certain amount of noise in order to build the road. He discussed much of the fill coming from onsite. In examining the concerns from residents and to be good neighbors and minimize any potential or perceived negative impacts, they have developed stipulations that they are prepared to adhere to. In summary, they will obtain fill dirt primarily from on-site lakes and install landscaping adjacent to Logan Blvd. Extension totals 500 linear feet, and they will reduce the phases to a time frame by reducing it by 12 months. There are minor staff corrections on the PUD and these have been discussed with Mr. Bellows. (Changes are attached) They include the DRI Development Order Commencement date, conversion matrix conclusions and ratios, the 75 foot dedication along he eastern property line, and addressing the additional land along the southern project boundary line. He gave a summary of resolving the different issues and concerns addressed. Mr. Abernathy asked if Mr. Mulhere knows what the level of service will be on Logan Extension if all the developments are built out and connected. He will defer to the traffic experts, but he mentioned there will still be significant traffic. He showed the different areas on the map going south to Immokalee and north to Bonita Beach Road. Will take time for it to reach capacity. 175 will eventually be 6 lane and 951 (Collier Blvd.) will become the route of choice when a limit of access. They had a meeting with the School Board and he indicated the site that will better serve the students in the area. He read a letter from the School Board addressed to Mr. Basinait in thanking them and working with them on the site, size and traffic lights. There are some details that need to be worked out and are negotiating. 9:52 AM Break 10:07 AM Reconvened Mr. Basinait introduced Mr. Ted Treish - Metro Transportation Group, Fort Meyers, FL - Principal & Regional Manager - doing traffic impact statements June 19,2003 and transportation planning studies for 14 years - he did the transportation analysis for the proposed change before them. He met with transportation planning staff about 1 1/2 years ago. He did a summary: Looked at the model adopted by the MPO. They projected traffic volumes-2025. Took into account only 3 years worth of roadway improvements committed for funding for 3 years. Impact fees offset No cost to County - Conversion table (1.667) - trip generation - converting multi-family to single family - will generate more traffic. - Trip generation established at a volume of 1,056 PM peak hour trips. (This was a correction made from the 1,023 to 1,056) It was noted there will be limited light retail in the area to serve the persons living in the Parklands project. Mr. Dave Fagen - Fagen Acoustical Consultants - St. Petersburg, FL - (Copy of noise study attached) - Mr. Fagan has been doing noise control and design work studies since 1968 and on a number of National Committees along with being an officer. This is a study or procedure called transportation noise model and has been used nationally and the State DOT for projecting highway noise. They are based on traffic counts, projections and expected speed of the vehicles using the roadway. He talked about the peak hours and annual average daily traffic factors. Page 3 of his report - Table 2 - gives the distances beyond the right-of-way in feet where the decibel line is. He described his chart and the sound level lines. Mr. Basinait referred to the area being about the first mile of Immokalee - Immokalee north to the northern boundary of Olde Cypress and Longshore. Mr. Fagen discussed the sound levels and the dBA. He discussed the homes being 50 feet distance from the roadway and the 66 decibels. He referred and discussed Table 3 of his report which gave Sound Sources and the Level of dBA. This is all based on 35 MPH. They picked a speed they felt the road would be posted at. Questions were taken: Mr. Stain asked about the alignment for the 60 foot right-of-way - whether it is on the section line. Dave Underhill - Banks Engineering, Naples - responded the existing right-of-way is offset from the section line - located 10 feet east and parallel to the section line. There is a 28 foot area between the edge of pavement and the eastern right-of-way line and 25 feet between the eastern right-of-way line and the 6 June 19, 2003 nearest point of the nearest home. It is 100 + feet to the closest home on the opposite side. Mr. Strain mentioned it would be advantageous if the roadway was moved over 10 feet. Mr. Underhill felt it was owned by the Olde Cypress Homeowners Property Assn. Mr. Strain asked about the County Park - the words were inserted "in lieu of" and he wondered if County staff'has agreed to the terminology (parks and recreation dept.). Mr. Mulhere responded they had not received any letters of objection. It was intended for flexibility. Discussion followed on "payment in lieu of" being dedicated to a certain amount of park land or school board site or a "payment in lieu thereof." It will be appraised for Fair Market Evaluation. Education - Mr. Mulhere explained the School Board has expressed interest in 20 or 25 acres and is in ongoing discussions. They will pay Fair Market Value and they are in agreement to the additional acres. V. Fiscal - Mr. Strain - Agricultural exemptions - he asked if they had a Public Facilities dedicated. They have none. Page 4 - Transportation - wondered why access roads were mentioned when they are only constructing Logan north to south. They didn't change the existing language and felt it was clarified throughout the document. Mr. Strain asked if they had a problem with not getting Certificate of Occupancy's until Logan Blvd. is constructed through Collier County. They had no objection. He asked about construction traffic and using a particular roadway and going through a construction access road that public would not use. Mr. Basinait mentioned them were some liability and financing concerns that they are looking at and not prepared to make a commitment at this time. It may work for them, but are concerned about the expenses. A different route was suggested by Mr. Strain coming from the north with their construction trucks and not the south. Mr. Strain mentioned the stipulation Mr. Mulhere talked about earlier concerning taking the dirt fill out of all the lakes. He would suggest changing the verbiage agreeing to provide all the dirt out of the lakes except the lime rock. That would minimize the offsite traffic. Page 6 - Item G - instead of"option" should be changed to "be required to be delayed." Page 7 - filled in by staff'?. - Yes Page 16- 8E - 12 feet is acceptable PUD 7 June 19, 2003 Cover Page to PUD - 8546 as amended - will be changed to 9343 - that is correct. Page 5 - Concerning survey numbers - will be consistent. Page 8 - Commons Recreation area - 80 acres - DO says 201 acres - will correct the DO. Page 9 - 2.06 Development sequence and schedule says 20 years - EIS says 15 years - doesn't expect project to take 20 years under current conditions. Page 12 - 2.11 - A4 - Guardhouses etc. - make it clear they will not be on Logan Blvd Page 13 -3 - General Development standards - 5 foot separation between structures that are part of an architectural unified grouping - 10 foot is a minimum that the Board works with - Mr. Mulhere indicated it would still be 10 feet. Page 17 - Table - missing is minimum setbacks from project boundaries. There will be a minimum 35' buffer. (Will add to the Table) Multi-family building heights - no to exceed 65 feet - They will indicate on the footnote the maximum height from existing ground elevations to the highest point of the building would be 75 feet. Single Family detached - 5 feet side yard setback- will be increased to 6 feet. *Footnote - add language - any structures be less than 10 feet separation. Page 21 - 4.03 - 5 - facilities be changed to structures - Mr. Mulhere agrees Page 22 - 1B - Excavation - preserve - should say "minimum excavation to the extent required to restoration" - agreed. Page 22- 4-04 - structures in preserves - asked what they plan to build in the preserves - Mr. Mulhere stated they looked at other PUD's - may create a walk and possibly a gazebo. Would run past staff for approval first - agreed. Page 25 - 5.03 A2 - Change Table 11 and put a 35 foot buffer - will correct. Page 29 - C3 - not decrease amount of wetlands and preserves set aside. Page 29 - 6 - minor realignment Page 33 - F2 - setbacks - add - "except those required in the LDC" - agreed. Page 34 - 7.1 OB -perimeter fences and walls - 10 feet above finished ground - also on Page 35 C3 - usually 8 feet - was agreed upon. Page 36 - 7.13 - Transportation - D - no gate on Logan - will put language in. Item A, B, F, H & J - language has changed to transportation - Marjorie Student assured them it has been changed and will be out soon. Page 38 - R - dedication to South boundary line - make sure it doesn't go away and language will be changed. Page 41 - 7.15 - may be in the mosquito control district and would change the language. 8 June 19,2003 Page 8 - Environmental impact statement - Item F - last paragraph - change the acres to 321.89 acres. Page 14 - Parklands project has agreed to participate in construction of the Mirasol Flow way. Yes -they have an agreement in place. Mr. Basinait stated they have a vested DRI and PUD for 1,603 units. Some single family and some multi-family with an 18 hole golf course. They are vested to construct Logan Blvd. from Immokalee Road to Bonita Beach Road. They are asking for more market flexibility by providing for a conversion table in order to build more single family units. Also try to bring the PUD and DRI up-to- date with the current terminology in the Land Development Code. To provide an extra 9 holes of golf, and provide, at the staffs request, the construction schedule for Logan Blvd. SPEAKERS Dan Trescott - represents South West Florida Regional Council - DRI coordinator - 18 years - he described thc Councils make-up and function. He discussed the different road segments, access roads and hurricane evacuation routes. He mentioned they can't pass up the opportunity to have thc road connect between the two counties. He realizes there are concerns of residents but need a connection road. 951 is not guaranteed to take place and publicly owned. He is glad the public is involved. Mr. Wolfley asked about the time frame of I75 - Don Scott - Transportation - Lee County is scheduled to begin for 2008 and Collier 2009 - 2 year project. Mr. Trescott said Logan Blvd. and 951 is needed for hurricane evacuation. Bill Sontag - Longshore Lake - his concerns are traffic on Immokalee between Logan Extension and 175. It will be bumper to bumper traffic not letting them into traffic - another street turning right needs to be considered. He is also concerned about esthetics and quality of life since his home overlooks the new proposed highway (I75). The property values will not be enhanced. He hopes the Commissioners take into consideration their rights as individual property owners. Vegetation would also be a less impact for the community. Walt Kozlowski - Longshore Lake - he talked about conditions change in 20 years; vested rights, demographics, marketing conditions, people purchasing homes, etc. Transportation Director was quoted as saying the Logan Blvd. Extension will become a part of linkage between East Naples and Bonita Beach Road. He said there is something wrong when you look at the design of the road. Environmentalists are happy, and feel the developers, birds and animals are taking second place to the people. They have to live with the decisions being made. He stated the road will be obsolete before it is built. It cannot handle the communities and will be a nightmare 9 June 19, 2003 and an accident waiting to happen. He doesn't like the vested rights argument. To say persons not there 25 years ago should be aware of lines on a map, are naive. They have built with their life savings. Carol Wilsey - Olde Cypress Homeowners Advisory Council - speaks for the whole group and an advisory council to the Developer at the moment until turned over. Townhall meetings have been attended by as many as 300 people. It was mentioned the Ronto Group has contacted all groups - she or others have never been contacted regarding the planning phases. They are opposed to the Extension from Immokalee Road to Bonita Beach Road, but not opposed to the Extension Road itself, 2 lanes to provide access to the developments planned north of them. (Terafina and Parkland Collier) She discussed the DRI, documentation and condition of approval. Those that bought into Olde Cypress were told it was to be an access road to the two developments and stop at the Parklands South portion. She checked transportation on the website, which showed Logan Blvd. Ext. stopping at Parklands South and not going through. She feels what the developer told her is correct. She talked about the language for a 4 lane being removed from the plan, and insists specific language be added allowing for no more than a 2 lane road ever. She talked about traffic and noise studies. She doesn't feel Olde Cypress residents will be able to get out of their development during peak hours with traffic backing up from the traffic light on Immokalee and Logan Blvd. She believes the ratings projected by the petitioner are too high. When the school is in with the buses it will create more traffic. Construction traffic would be appropriate. 951 would be the more logical and practical extension road. She gave different reasons. She wondered how the County allowed their Developer (Hardy Dev. Group) to only leave 60 feet on that side of the development when since the mid 80's they knew it was going to be a collector road and at 60 feet there is no way it could have been. Just because the road was on the books in the mid 80's and 90's doesn't mean it is a done deal. The Commission should correct it and they will continue to challenge the road. They would like to know when the meetings were held and provide minutes. She questioned the name of Olde Cypress Blvd. The County has contributed to the misrepresentation of the development of Olde Cypress. The website contributed to the misrepresentation. Joe Leone - Longshore Lake - President of Board of Directors of Longshore Lake - their residents may have been na'~ve and didn't do due diligence, but were told the land to the east may be a golf course and a golf course community. Once it was Olde Cypress, they asked about the easement and told it would be an access road to the golf course. He talked about the traffic and transportation concerns of the 2 lane road and being inadequate. This needs to be reconsidered. They would like to limit traffic by returning to, what they thought was the original plan, of a cal de sac at the Parklands development and not extending to Bonita Beach Road. 10 June 19, 2003 Marilyn VonSeggern - Longshore Lake - She talked about the traffic issues and public school areas. She discussed the turn lanes onto Immokalee road and especially the left turn being very difficult. It will be worse than it is now and creating a nightmare for all the developments and entire region. Carol Rafaloff- Olde Cypress - she does not want the road to go through and is concerned about emergency vehicles with a 2 lane road. She talked about construction vehicles, the school being built, and number of vehicles going in and out. She discussed the noise issue, would like to eliminate the extension completely and go with the 951 extension. She mentioned they have a temporary sales office and a fitness facility that will be right on the road. She urged the Commissioners not to let the road go through and look at 951 instead. STAFF Ray Bellows - Chief Planner - staff has reviewed the application and the Development Order and found it consistent with the County Land Development Code and the Growth Management Plan. It is an existing approved PUD and DRI. The proposed changes are consistent with the Comp Plan. It is compatible with the Land Use Compatibility issue. Transportation has been working with the applicant providing a suitable design for construction and extension for future traffic circulation fort the area. Mr. Abernathy asked what the Level of Service will be when it is built out to the maximum. Don Scott-Transportation answered it will be 1,700 to 2,200 and a level "E". He is not sure where the signals and access points will be at this time and will have an effect on the capacity. There will be a light at Logan. Mr. Schiffer asked about Livingston Roads potential. Mr. Scott said it was on the long range plan and no phases funded at this time. It is 15 - 20 years out. Mr. Strain asked questions of Amy Taylor concerning the School and Carol Wilsey concerning a solution on the access road and these are the responses: Amy Taylor mentioned the school is scheduled in their capital outlay plan, which was approved by the School Board in May and opening in 2017. It is based on population projections on county data as well as their own student projections. The south west location is preferred. The would like up to 25 acres provided for the site in the PUD document so they are free to purchase the additional acreage. It will be bought at Fair Market Value. 11 June 19, 2003 Carol Wilsey - felt the ideal situation would be to locate the access roads, and more than a 2 lane road on the east side of Olde Cypress. On the southeastern part of the development there is a commercial parcel and no access to their development. They have no issue on the 2 or 4 lanes on that side of the development. There is a buffer of trees and provides access to other developments. Mr. Strain responded the Logan Blvd. Extension has been on the books for a long period of time. There are no other solutions that they can think of. PETITIONER Mr. Basinait mentioned they "did" include the school figures into their traffic analysis. The Livingston Road suggested is very unlikely but almost impossible unless the County is willing to spend large amounts of money to get it through. He never said Logan Blvd is the final solution - but said they believe they have the right to construct the road and will assist the residents of the sub-divisions and Collier - County in general with traffic flow in the area. It will be a benefit and not a determent. There will be a traffic light at Logan and Immokalee and will also assist getting out onto Immokalee east or west. They hope 951 is constructed and agree it will move traffic. Comment on moving access road to east side of Olde Cypress - he didn't believe it was a practical alternative for many reasons and one because of the flow way easements and permitting. Mr. Strain asked if the Petitioner would consider the following: o:o Comment on the Construction access viability from Lee County o:o Possibility of relocating the road over to section line o:o Committing to using fill from onsite for all the fill needs o:o Providing additional landscaping buffers where residential houses are present (number of plantings) o:o Limiting the road to 2 lanes in area of Olde Cypress o~o Installing a concrete structural barrier; similar to Livingston Road, in areas of homes close to the road (NW comer) Mr. Basinait responded: The fill is okay Relocating to the section line - they have no control over 10 foot wide area on existing right-of-way - but no objection. 2 lanes in front of Olde Cypress - yes - no objection Additional Landscaping - will look at but can't answer now Barrier - willing to look at can't answer now 12 June 19,2003 Hearing is closed for motion and discussion. Mr. Budd moved to approve the DOA-02-AR-2358 with the numerous modifications and recommendations by Mr. Strain and Mr. Mulhere, along with the specific 6 requests identified by Mr. Strain is included (as listed above). Seconded Mr. Strain. Mr. Budd amended the motion to include the stipulations in both the DOA and PUDZ as mentioned above. Mr. Strain seconds the amendment. Under discussion - the construction traffic will be routed from the north through Lee County. Can the barrier be some other substance - answer was yes. Carried unanimously 7-0 Mr. Budd'moved to approve PUDZ-02-AR-2357 with the same additions and added stipulations previously noted to DOA-02-AR-2358. Mr. Strain Seconded. Carried unanimously 7-0. 12:45 PM - Recessed for Lunch 1:40 PM - Reconvened Mr. Budd did not return. D. CU-2003-AR-3634 - Dennis Cronin, of Bond Schoeneck and King, PA, representing Dennis R. Combs and Earl G. Hodges, is requesting conditional use "20" for an oil storage facility in an "I" Industrial zoning district. The property to be considered for the "conditional use" is located in the northwest quadrant of the intersection of Industrial Blvd. and Radio Road at 68 Industrial Blvd. Collier County, FL and consists of 4.63 plus or minus acres. Disclosures - Mr. Strain spoke with Mr. Combs during the break. Mr. Abernathy spoke with Dennis Cronin about concerns he had. PETITIONER Dennis Cronin - Attorney with Bond, Schoenech and King, representing Dennis Combs and Earl Hodges - they are looking for an approval for a "conditional use" for a petroleum bulk station and terminal to be used by Combs Oil Company on 350 feet of the subject property. The property was the former water tower previously owned by the State of Florida located on Industrial Blvd. and Radio Road. He introduced his team. Mr. Combs has owned his oil company since 1960 and employs 11 people. He is 13 June 19, 2003 relocating the property with additional employees, state of the art facility and gives him more room. He provides petroleum products to gasoline stations and also emergency service petroleum for Naples Community Hospital, City of Naples and hurricane disasters. Criteria for approval of the "conditional use" find it is consistent with the Land Development Code and Growth Management Plan, and see no issues. There is appropriate egress and ingress to the property. Not aware of any traffic concerns, noise concerns and property is compatible in the industrial area. They are in agreement with the staffs' recommendation of approval. //2 will have a language change. Stacy Frank - Attorney - Frank & Gramling - she stated Petroleum facilities are heavily regulated by the State and Federal levels. At the state level they are regulated by the Dept. of Environmental Protection. The local level DEP monitors. She gave a synopsis of how the design of the Facility meets the regulations. Facility will be built with the standards and guidelines imposed by DEP which are very stringent. The capacity of the new site will be approx. 250,000 gallon gross capacity. Mr. Abernathy wondered if the design standards should be written into the "conditional use." They would have no objections. David Sneed - Vice President - Kuhlman Engineering, Inc. - he referred to pictures shown - front of the site is an office section with a veranda and behind that will be a 125 foot enclosed warehouse. The tanks will sit inside the containment area. No problems with traffic -just some realigning some stripping and minor changes. Trucks coming and going are during off peak hours. Project is located within the SFLWM District storm water permit area and will get a SFLWM approval for the storm water containment. There is no access from Radio Road, only Industrial Boulevard. Mr. Abernathy asked about what kind of fuel can be stored and the amount of fuel. David Blihovde, Jr. - D & B Consulting, LLC - will limit the size of tanks and amount of tankage in the facility and could add one or two more tanks, but limiting it in the design to 8 tanks total at this time. (250,000 gallons) Mr. Schiffer asked about where the trucks will park and security. They will park on the property and do have security. No one would be allowed in the area other than the employees. Dennis Combs - Combs Oil Company - referred to the pictures with three tall tanks. There will be 25,000 gallons of motor oil to be stored. He talked about the horizontal and vertical tanks - the tanks are the environmental concerns and the reason for moving to a newer facility. The facility will be as safe as it can be built. He talked about the contamination issues and what will and has to be done. If the facility is crowded, they will park at the prospect property. Covered parking will be provided. His is for trans- 14 June 19, 2003 shipping - taking off large trucks and putting it onto a smaller truck for delivery. He employs professionals and safety people. Mrs. Young referred to a letter from a concerned citizen about the safety of the facility with the airport in the vicinity. Mr. Combs and Commissioners addressed the issue as the airport is a half mile from the facility. Mr. Combs talked about the containment of the tanks and their safety. Mr. Strain stated he read the information three times and noted it is an industrial zoned piece of property, industrial use proposed, with industrial buildings and couldn't find anything wrong with it. Discussion followed on the parking of the trucks loaded, where they will park, and new rules that have been implemented. SPEAKERS Jim Riedmiller - he owns a building across the street from the proposed facility. He feels the facility will be unsightly and a serious risk to the general public in the event of a mishap such as, smokers, fire, sparks igniting, spillage, explosion from fumes, or a terrorist attack or plane crash. Bank on the comer could be destroyed and insurance rates would go up. The property values would be reduced and feels people are putting their own business interests ahead of the safety and concerns of others. He opposes building the facility. The hearing is closed for motion and discussion. Mr. Strain moved to recommend approval for Conditional Use CU-2003-AR-3634 with the stipulations recommended by staff and the change defined earlier concerning the transportation condition, to the Board of Zoning Appeals. Seconded Mr. Schiffer. Motion Carried unanimously 6-0. 9. Old Business - None 10. New Business - There will be no CCPC Meeting on the following days: July 3, 2003 and August 7, 2003. 11. Public Comment Item - None 15 June 19, 2003 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 2:30 PM. COLLIER COUNTY PLANNING COMMISSION CHAIRMAN KENNETH ABERNATHY 16