Loading...
CCPC Minutes 08/21/2003 R August 21, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, August 21, 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 a.m. in REGULAR SESSION at the Golden Gate Community Center Auditorium located at 4701 Golden Gate Parkway, Naples, Florida with the following members present: CHAIRMAN: Kenneth Abemathy Mark Strain Dwight Richardson Lora Jean Young Lindy Adelstein Brad Schiffer Paul Midney Russell Budd David Wolfley (Absent, Excused) ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services; Ray Bellows, Planning Services; Marjorie Student, Assistant County Attorney Page 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, AUGUST 21, 2003, AT THE GOLDEN GATE COMMUNITY CENTER "AUDITORIUM" LOCATED AT 4701 GOLDEN GATE PARKWAY, NAPLES, FL 34116: 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. 6. 7. 8. PLEDGE OF ALLEGIANCE ROLL CALL ADDENDA TO THE AGENDA APPROVAL OF MINUTES - JUNE 19, 2003 PLANNING COMMISSION ABSENCES BCC REPORT- RECAPS: LDC MINUTES FROM THE JUNE 16, 2003 MEETING CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS Ao VA-2003-AR-4243, Melanie Beebe, requesting an 18.1-foot after-the-fact side yard variance from the "E" Estates zoning dis~ict side yard requirement of 30 feet to 11.9 feet for the existing one story single-family residence; and an 18- foot after-the-fact side yard variance to 12 feet from the required 30 feet for the existing 8' x 8' front utility shed. Property is located at 245 22na Avenue N E, further described as Golden Gate Estates Ufiit 23 East 180' Tract 50, in Section 27, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Michael DeRunlz) (Continued to 09-18-03) Bo PUDA-2003-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Vamadoe & Anderson, P.A. representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" Planned Unit Development to PUD for the purpose of amending the Pelican Bay PUD to increase the retail and office square footage in the existing Waterside Shops portion of South Commercial Area and decreasing the square footage within the North Commercial Area, by the same amount within the Pelican Bay Planned Unit Development. This amendment will also reduce the maximum number of dwelling units that can be developed by 800 units. The property to be considered for this rezone is located in the Northwest quadrant of the intersection of U.S. 41 and Seagate Drive, at 5555 Tamiami Trail N., in Section 9, Township 49 South, Range 25 East and consists of 2,104 acres. (Coordinator: (Ray Bellows) PUDZ-2001-AR-955, William L. Hoover, of Hoover Planning & Development, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Wolf Creek PUD for a residential project for a maximum of 591 dwelling units on property located along Wolf Road, approximately ½ mile west of Collier Blvd (C.R. 951) and 3/8 mile north of Vanderbilt Beach Road (C.R. 862) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 147.69-a: acres. (Coordinator: Mike Bosi) ' D. PUDZ-02-AR-956, Thomas E. Killen, representing Naples Elks Lodge 2010, requesting a rezone from PUD to PUD for the Radio Square PUD, adding medical office as a permitted use, amending the landscape requirements, and providing for shared parking, for property located on the southwest comer or Radio Road (CR 856) and Donna Street, in Section 1, Township 50 South, Range 25 East, Collier County, Florida, consisting of approximately 9.4 acres. (Coordinator: Fred Reischl) E. PUDZ-2002-AR-3242, Jerry Neal; of Hole Montes & Associates, representing Frank W. Cooper and F. C. Properties, Inc., requesting a rezone from "A-ST" Rural Agricultural with ST Overlay to "PUD" Planned Unit Development to be known as Mandalay PUD for a maximum of 84 residential dwelling units for property located on the north side of Rattlesnake Hammock Road, approximately 1/8 mile east of Polly Avenue, in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 28.06+ acres. (Coordinator: Ray Bellows) F. PUDZ-2002-AR-3011, Dwight H. Nadeau, ofR. W.A., Inc., representing A.R.M. Development, Corp., of S.W. FL., Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known a A.R-.M. PUD for a residential development for a maximum of 500 residential dwelling units generally located on the East side of Collier Boulevard (C.R. 951), approximately ¼ mile South of Irnmokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, consisting of 78.07 acres. (Continued to 9-4-03) Coordinator: Fred Reischl) G. SV-2003-AR-4207, Gill Strelec, of Kemp Signs, Inc., representing Exxon/Mobil, requesting a 1 O-foot property line variance from the sign setback requirements of 10 feet to 0 feet for a new ground sign. Property is located at 4577 Executive Drive, in Section 20, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Michael DeRuntz) (Continued to 09-18=03) H. Adoption Cycle - 2002 GMP Amendment Petition 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+ acres to allow 185,000 s.f. 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. (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 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-858), and commonly known as Orangetree PUD. [coordinator: David Weeks] 2 CP-2002-5, petition requesting a text amendment to the FLUE to allow the Affordable Housing Density Bonus of up to 6 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] 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/Gold;n Gate Boulevard intersection (ail 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. Text revisions to Santa Barbara Commercial Subdistrict and Golden Gate Parkway Professional Office Commercial Subdistrict to modify development standards. 7. Text revisions for format consistency, correction of prior errors and omissions, and the like. CPSP-2002.7, 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 2. Management Plan provisions. 3. Text revision to Policy 4.8 to add methodology for preparing population estimates and projections as relates to the Capital Improvement Element. 4. Text revisions to the Office and Infill Commercial Subdistrict for clarity and to reflect past applicati6n and interpretation by staff and the Board of County Commissioners. 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-2002-8, 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-2002-9, petition requesting text amendments to the Goals, Objectives and Policies of the Potable Water Sub- Element of the Public Facilities Element, most notably t'o 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-2002-10, petition requesting text amendments to the Goals, Objectives and Policies of the Sanitary S. ewer 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-2002-11, 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. NEW BUSINESS: 3 11. 12. 13. PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN CCPC AGENDA/lo/8/21/03 August 21, 2003 CCPC Meetin~ Mr. Abernathy called the meeting to order: August 21st meeting of the CCPC Pledge of Allegiance was recited. Roll call was taken - Mr. Wolfley excused Addenda to the Agenda: Mr. Bellows provided the following changes to the agenda: - Item 8B- Petition PUDA-2003-AR-4008. Issue arose at the last minute requiring beach access which needed further consideration. Matter continued to September 1 8th. Marjorie Student- clarified that she did not have sufficient time to gather information to be prepared for the above petition. Larry Keesey: Represents the petitioner and addressed the continuance issue. He indicated that he was not notified about the continuance and had spent approximately $15,000 to announce the hearing. Opposed the continuance. Marjorie Student: Asked for additional time to review the issue and clarified that it will not impeded the schedule for final decision making. Final board date is still September 23rd. Mr. Adelstein made a motion to continue the case until September 18th. Mr. Budd seconded. Passed 6-0. Mr. Schiffer and Mr. Strain abstained as there was a conflict of interest. - Other items which were continued were the following: 8A: VA-2003-AR-4243 continued to September 4th 8C: PUDZ-2001-AR-955 continued to September 4th 8F: PUDZ-2002-AR-3011 continued to September 4th 8G: SV-2003-AR-4207 continued to September 18th Mr. Budd made a motion to continue the above to the mentioned dates. Mr. Bellows commented that Item 8D did not have the complete listing of property owners and based on previous planning meetings, we cannot present items which are not complete. Requested continuance to September 4th. Mr. Budd made motion to request that petitioner be given the opportunity to oppose the continuance if he arrives. Motion passed 8-0. Minutes of June 19th: Mr. Budd made motion to approve seconded by Ms. Young. Passed 8-0. No discussion. Page 2 August 21, 2003 CCPC Absences: September 4th and September 18th- no absences. The election of officers for next year will be scheduled on October 2, 2003. BCC Recaps: LDC Minutes from June 16th. No comments. Chairman's Report: Complimented Mr. Richardson on LDC amendment regarding calendar days: Counting days might lead to unanticipated consequences. Mr. Abernathy questioned his suggestion to originally withdraw that item from the agenda. Requested clarification at a later time. Item 8E: PUl)Z- 2002-AR-3242: Rezone requested from "A-ST" Rural with ST Overlay to "PUD" Planned Unit Development to be known as Mandalay PUD for a maximum of 84 residential dwelling units for property located on the north side of Rattlesnake Hammock Road, approximately 1/8 mile east of Polly Avenue in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 28.06 acres. Mr. Abernathy swore in all testifying on behalf of this issue. There were no disclosures. Robert Duane was standing in for Jerry Neal who was representing the petitioner. He is in agreement with the petitioner and prepared to answer questions, but not to make a presentation. There are no areas of disagreement with staff. Mr. Strain had some questions which included: 1. Clarification of setback- 21 feet or 22 feet? Need consistency. 2. On page 17, insert language that can be routinely approved. 3. On page 19, changes to generic language. 4. Marjorie Student reviewed the language and will make minor changes to generic language. - Property buildout concerns from residents. Frank W. Cooper: Developer for Mandalay. Mr. Strain questioned what he proposes to do with the area bordering Quail Hollow. What is the specific product? Mr. Strain asked if he was willing to build only single family homes. Mr. Cooper was not able to commit to a specific product at first. PUD allows for single family, two-family and multi-family structure. He was not willing to limit his options at this point in the project. Discussion of preserves, drainage issues and traffic. Cooper understands the residents concerns and currently plans to build single story villas with two units per building. Mr. Adelstein asked about the 23 foot driveway. Discussion regarding the appropriate length of the driveway, garages and car ports. Mr. Duane recommended returning as a stipulation for approval. If the villa plan changes, the client will return to the CCPC and have it reviewed, publicly noticed and Page 3 August 21, 2003 recommends that client provide that as a stipulation if the committee is inclined to move forward with this. Mr. Bellows: Consistent with the Collier County growth management plan. Traffic has also approved. Mr. Strain asked a question about rounding up for density. It was confirmed that you round up. Mr. Abernathy asked staff if this project was compatible with the neighborhood to its North. Mr. Bellows confirmed that there was a certain sense of compatibility. Mr. Abernathy asked if this was an affordable housing project. Mr. Bellows confirmed that it as not. There was no density agreement. Homes were selling at fair market value. Discussion of clustered housing- 45 foot lots. Mr. Stan Chrzanowski from transportation discussed the drainage issues. Reviewed the LYDAR map. Quail Hollow was supposed to run drainage to the front but drained them off the property into the back. There was also no minimum slope at the time of their building. He confirmed that there would not be a drainage problem with this project. He will re-review. He indicated that Mr. Cooper has agreed to drain the water to the preserve area. Discussion of elevations, setbacks and driveway length continued. Public Speakers: Paul Faust: Resident of Quail Hollow. The property in question was explained to the resident as being "agricultural" which led him to believe that it would always be somewhat quite. The other issue is the two-story unit. Everything is fairly low right now. Out of 90 lots, there are only two. Rhonda Zleznick: Owner in Quail Hollow. Concerns about flooding in her backyard. She claims it is already wet. Not concerned about the development, only the flooding. Sharon VanSlike: Owner in Quail Hollow. Concerned over two-story structures. Concerns over the landscaping and quality of life. She would have no problem with single story with adequate landscaping buffer. Ron Berthold: Owner in Quail Hollow. Concerns over removal of mature growth and inadequate landscape buffer. Also had safety and security concerns. Mr. Cooper provided a rebuttal. Page 4 August21,2003 The buffer will be at approximately 4 foot elevation. They actually exceed the county requirement. Agreed to build only single-family, one-story homes facing Quail Hollow. The product would be a villa product with a 23 foot driveway and the curb is moved back 2 feet. Mr. Budd made a motion to approve the project with the additional stipulations that there be 20 foot light poles in lieu of 30 foot, a 23 foot front parking with getting an additional 2 feet from the back of the curb, that the 4 comer lot units be moved back 4 feet to achieve the 23 foot front yard drive and that it be a 2 unit per building villa product except, two stories except for the Quail Hollow property line. Those would only be one story. Mr. Adelstein seconded. Mr. Strain requested that the landscape buffer be retained at 15 feet and not be intruded on by any element. Mr. Budd agreed and added to the motion. Motion carried 8-0. Ten minute break Item 8D-PUDZ-02-AR-956. Thomas Killen representing the Elks Lodge 2010, requesting a rezone from PUD to PUD for the Radio Square PUD, adding medical office as permitted use, amending the landscape requirements, and providing for shared parking, for property located on the southwest comer of Radio Road (CR 856) and Donna Street, in Section 1, Township 50 South, Range 25 East, Collier County Florida, consisting of approximately 9.4 acres. - Mr. Strain asked about when questions were appropriate. He asked Ms. Student about the requirements for a master plan to be done by an engineering firm or certified architect. - Mr. Schiffer personally confirmed that Mr. Killen's credentials were appropriate. Ms. Student clarified that this was a PUD to PUD rezone. After discussion about the issue, Mr. Bellows said that this case should not be on the agenda due to deficiencies on the application. 12-13 owners have not signed in regarding rezoning of the property. Mr. Killen asked the county to provide him the information, documents needed by him to present at the September 4th meeting. Motion by Mr. Abemathy to approve the continuance to September 4th- carried unanimously 8-0. Adoption Cycle- 2002- Growth Management Plan Amendment Petitions Page 5 August21,2003 Dave Weeks- Comments on amendments. Reminded the CCPC that this is the "adoption" which will be sent to the BCC and then Florida Dept. of Community Affairs. They will then be reviewed and then a notice of intent will be issued for compliance or non-compliance with state statutes. DCA should find them in compliance as no prior objections have been made. This is a legislative action so no disclosures are required. BCC will hold the adoption hearings on September 9th. CP- 2002-1: Petition requesting an amendment to the Future Use Land Use Element and Future Land Use Map Series to expand the NE quadrant of activity center of#7 by 18.5 acres to allow 185,000 s.f. of certain specified commercial uses, for property located ¼ mile east of Collier Boulevard (CR 951) and on the north side of the road leading to the Swamp Buggy Grounds in Section 14, T50S, R26E. Rich ¥ovanovich- representing the petitioner discussed the following: - Transitional use - Use intends to be general business, commerce park -- not a general office park or for retail. - Need to clarify the language that any retail uses are accessory uses to contractor's office or warehouse. - There will be no such store such as Home Depot allowed. - Original submittal was industrial and is now more construction-related office park. - DCA had no comments. Discussion between Mr. Abemathy and Mr. Weeks regarding how activity center rezoning came about. Staff recommended that this be an activity/boundary center as opposed to another free-standing sub district. Made more sense to expand the activity center. Presently language has no caps for the square footage. County needs to work with the applicant to confirm square footage caps or percentages. Mr. Yovanovich confirmed that they would be doing this and assure staff that there will be a cap on self storage. Discussed traffic issues and compatibility. Staff was comfortable with the proposed revisions. Mr. Yovanovich suggested the following percentages for the development: - 100% offices and warehousing for the contractor industry. - Cap of other related professionals such as architects to not more than 50% and indoor self storage not more than 50%. Mr. Strain made motion to adopt amendment and carry forward with the stipulation placed on the property regarding the 50/50 cap and that between now and the BCC Page 6 August 21, 2003 meeting that the TIS issues be worked out between applicant and transportation department. In addition the retail uses be accessory to the contractor specialty uses. Mr. Adelstein seconded. Motion carried 8-0. CP-2002-3: Petition requesting an amendment to Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Sub-district by 3 acres and to modify the allowed uses be 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. - Robert Duane representing the petitioner. Minor changes made since it was originally submitted over one year ago. Mr. Strain questioned "freestanding." Why was it necessary? Glenn Heath clarified that it was simply language clarification. Discussion of C-3 uses- ensured that it carried through on all the transmittals. Mr. Strain made motion to adopt amendment and carry forward with recommended changes from staff. Adelstein seconded. Motion carried 8-0. CP-2002-4: Petition requesting a text amendment to the Golden Gate 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 to be allowed for property located on the east side of Immokalee Road, the north side of Randall Blvd. And bisected by Oil Well Road and commonly known as Orangetree PUD. - Anthony Pires representing petitioner. - No changes since DCA transmittal Mr. Strain made motion to adopt amendment and carry forward. Mr. Adelstein seconded Motion carried 8-0. CP-2002-5: Petition requesting a text amendment to the FLUE to allow the affordable housing density bonus of up to 6 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., approx..6 mile south of Rattlesnake Hammock Rd in Section 23, T50S, R26E. Robert Mulhare representing the petitioner. Page 7 August 21, 2003 Clarified the language regarding "fee simple" ownership. Mr. Budd made motion to adopt amendment and carry forward with the petitioner correction as noted. Mr. Adelstein seconded. Motion carried 8-0. CPSP-2002-6: Petition requesting amendment to the Golden Gate Area Master Plan text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP restudy committee to include: 1. Establishing the new commercial western estates infill sub-district at the SW comer of the Collier Blvd./Vanderbilt Beach Road intersection. 2. Expansion of the Neighborhood center designation at the Wilson Blvd./Golden Gate Blvd. Intersection so as to include all four quadrants. 3. The creation of two neighborhood center designations, one at Everglades Blvd/Golden Gate Blvd. Intersection (all four quadrants) ad one at the Everglades/Immokalee Road intersection (southerly two quadrants). 4. Text revision to the conditional uses sub-district. 5. Text revisions regarding commercial uses, including creation of a new goal and objective. 6. Text revision to Santa Barbara commercial sub-district and Golden Gate Pkwy. Professional Office commercial sub-district to modify development standards. 7. Text revisions for format consistency, correction of prior errors and omissions and the like. Glenn Heath discussed minor changes to this item since transmittal. No comments were made by DCA. Changes include items discussed at the transmittal hearing. - Amendments will be merged to avoid conflict in language. Discussion of drive-through fast-food restaurants. Mr. Budd made motion to adopt amendment and carry forward. Seconded by Mr. Adelstein Motion carried 8-0. CPSP-2002-7: Petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map series to include: 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 top add methodology for preparing population estimates and projections as relates to the capital improvement element. 3_. Text revision to the office and infill commercial sub-district for clarity and to reflect past application and interpretation by staff and the BCC. 4__:. Text revisions to the density rating system to explain and clarify density calculations. 5_. Revisions to the Wellhead Protection Areas Map to reflect recent hydrologic modeling, changes in well field uses and addition of new wells. Page 8 August21,2003 o Text and Future Land Use Map revisions for format consistency, internal Plan consistency, correction of prior errors and omissions and the like. Mr. Weeks discussed the multiple amendments. Language has been added and clarified since transmittal. Made consistency in language. Strain indicated that "bested" be change to "vested" in policy 5.10. Strain questioned if business parks are to be limited to maximum of 12 acres. Weeks indicated that was incorrect. It should be 35 acres. Mr. Strain made motion to adopt amendment and carry forward. Adelstein seconded. Motion carried 8-0. CPSP-2002-8: 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. Mr. Budd made motion to adopt amendment and carry forward. Ms. Young seconded. Motion carries 8-0. CPSP-2002-9: Petition requesting text amendment 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. Mr. Weeks: There were a few discrepancies in references (rural fringe effect). This is a housekeeping matter and will be taken care of. Mr. Strain questioned the homeland security issues. Ms. Student confirmed that DCA showed no concern for the issue. Ms. Young made motion to adopt amendment and carry forward. Mr. Budd seconded. Motion carries 8-0 CPSP-2002-10: 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 map and new table of capital improvement projects and requesting an update to the entire support document. Page 9 August21,2003 Mr. Budd made motion to adopt amendment and carry forward. Mr. Adelstein seconded. Motion carries 8-0. CPSP-2002-11: 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 fort water and sewer facilities to correlate with changes proposed to the potable water and sanitary sewer sub- elements. Mr. Budd made motion to adopt amendment and carry forward. Adelstein seconded. Motion carries 8-0 Old Business 1. Mr. Richardson discussed a fax received from North Bay Civic Assoc. Submerged lands and building heights. Requested a report from staff regarding progress on these items. Mr. Schmitt indicated that the issue of height will be addressed in the Fall- third cycle of LDC. Mr. Richardson discussed "unbuildable lands." Mr. Schmitt discussed gross acreage versus net acreage. Discussed wetland issues. Density issues. 2. Mr. Schiffer asked about the seminar over in Palm Beach. Mr. Schmitt indicated that this was a notification of the American Planning Council and he indicated that he is trying to get them to come over here for training. Meeting Adjourned at 12:00. Collier County Planning Commission Chairman Kenneth Abernathy Page 10 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS *~ST NAME--FIRST NAME--MIDDLE NAME :AILING ADDRESS :!TY COUNTY !ATE ON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD. COUNCIL. CO~MISSIONo AUTHORFP¢ OR COMM~TEE ON WHICH I SERVE IS A UNIT O~F: 13 CITY ~COUNTY 13 OTHER LOCAL AGENCY NAME Of POLITICAL SUBDIVISION: MY POSiTION IS: r-t ELECTIVE I~POINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending 9n 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 or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or- to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 o~r 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional s!ock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this 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) APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO A'I-TEMPT 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, (~)~1:~ ~,.~~.._ , hereby disclose that on (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, v/ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary 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: -- , which Date Filed Signatt NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILUF ~ 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 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~AILING ADDRESS ;ITY COUNTY r AST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMI'3J~SSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL. COM~IISSION, AUTHORITY O):{ COMMI-CI'EE ON "~ ~ ~ N (.~ WHICH I SERVE IS A UNIT QF: [3 CiTY /#~OUNTY r-i OTHER LOCAL AGENCY )ATE ON WHICH VOTE OCCURRED o NAME OF POLITICAL SUBDIVISION: MY POSh*ION IS: / ELECTIVE /~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending 3n whether you hold an elective or appOintive position. For this reason, please pay close attention to the instructions on this form before ;ompleting 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 kno;vin§ly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or-. to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 o.r 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: ~ In addition to abstaining from voting in the situations described above, you must disclose the contlict: 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 ATI'EMPT 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) 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, ~t~. ¢..\4.. ~),, ~'r¢.-[~(~,'~/~ , hereby disclose that on ~ -'~---~ (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, t,/ inured to the special gain or loss of ~{-~ ~'-'-'-'~e,~ ~:~,~-~-~ whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary 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 SignattJl!re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317, A FAILURE 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