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CCPC Minutes 09/18/2003 RSeptember 18, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 18, 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 in the Board of County Commissioners Meeting Room, Administration Building, County Government Center, 3301 Tamiami Trail, East, Naples, Florida with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain Dwight Richardson Lora Jean Young Lindy Adelstein Brad Schiffer Paul Midney Russell Budd David Wolfley ALSO PRESENT: Joseph Schmitt, Community Development & Environmental Services; Raymond Bellows, Planning Services; Marjorie Student, Assistant County Attorney; Patrick White, Assistant County Attorney Page 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEFFEMBER 1 8, 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 CH.AIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF l0 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 HEARENG. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILA1BLE FOR pRESENTATION TO THE BOARD OF COUNTY COMMISSIOI'qERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERE'X'O, 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MUqUTES - AUGUST 21, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS JUNE 16, 2003 and JULY 29, 2003 7. CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS go BD-2003-AR-4211, Michael Hawkins of Turreil and Associates, representing Gustaaaf H. Flier, requesting a 15 - foot boat dock extension from the permitted 20 feet for a boat dock facility protruding a total of 35 feet into the waterway. The property to be considered for the boat dock extension is located at 86 Southport Cove, further described as Lot 7, Southport on the Bay, Unit One, in Section 6, Township 48 South, 25 East and consists of 0.26 acres. (Coordinator: Ross Gochenaur) 3. B. PUDZ-03-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe & Anderson, P.A. representing Waterside Shops At Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from "PUD to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US-41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. (Coordinator: (Ray Bellows) (Continued from 8-21-03) C. VA-2003-AR-4243, Melanie Beebe, requesting an 18. l-foot after-the-fact side yard variance from the "E" Estates zoning district 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 22"~ Avenue N E, further described as Golden Gate Estates Unit 23 East 180' Tract 50, in Section 27, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Michael DeRuntz) (Continued from 08-21-03) D. VA-2003-AR-4426, Andrew I. Solis, Esq., of Siket & Solis, LLP, representing J. J. Slaugh General Contracting, Inc. requesting a 7.4-foot variance from the required 15-foot front yard setback to 7.4 feet. Property is located at 105 1st Street S.W., further described as the east 105 feet of Tract 123, Golden Gate Estates Unit 12, in Section 9, Township 49 South, Range 27 East, Collier County, Florida, consisting of 1.46+ acres. (Coordinator: Robin Meyer) E. PUDZ-2002-AR.2944, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and Richard Y°vanovich, of Goodlette, Coleman and Johnson, representing Royal Palm Academy, requesting a rezone from "A" Rural Agricultural and "A-ST" Rural Agricultural/Special Treatment to "PUD" Planned Unit Development to be known as Royal Palm Academy PUD for an Educational Campus and Residential Community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7± acres. (Coordinator: Fred Reischl) F. PUDZ-2003-AR-3831, Robert Duane, AICP, of Hole Montes, Inc., representing Robert Reed, 0fReed Development Company, requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of changing the name from Goodland Gateway PUD to the Calusa Island Village PUD, increasing the number of dwelling units from 47 to 52, units reducing the commercial area known as the Commercial/Mixed Use area from 0.45 acres to 0.12 acres of commercial use area with a maximum of 1,300 square feet of commercial uses, and eliminate many permitted commercial uses that were no longer deemed compatible with residential uses. The subject property is located south of Goodland Drive and east of Calusa Marina, in Sections 18 & 19, Township 52 South, Range 27 East, Collier County, Florida, consisting of 6.2+ acres. (Coordinator: Ray Bellows) G. RZ-2003-AR-4041, J. Gary Butler, of Butler Engineering, Inc., representing Spinelli Land Holdings, LLC, requesting a rezone from "A" Rural Agricultural to "RSF-3" for a single-family development. Property is located on the south side of Golden Gate Canal I/2 mile east of Livingston Road and 1 mile north of Radio Road, Section 31, Township 49 South, Range 26 East, Collier County, Florida, consisting of 40-~: acres. (COMPANION TO PDI-2003- AR-4061) (Coordinator: Kay Deselem) He PDI-2003-AR-4061, Gary Butler, of Butler Engineering, Inc., representing Briarwood Development Corp., requesting an insubstantial change to the Briarwood PUD Master Plan to provide two access interconnect points to the forty-acre "Spinelli Land Holding, LLC" rezone parcel. The subject property is located in Section 31, Township 49 South, Range 26 East, Collier County, Florida. (COMPANION TO RZ-2003-AR-4041) (Coordinator: Kay Deselem) L SV-2003-AR-4207, Gill Strelec, of Kemp Signs, Inc., representing Exxon/Mobil, requesting a 10-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 CounW, Florida. (Coordinator: Michael DeRuntz) (Continued from 08-21-03) OLD BUSINESS NEW BUSINESS: I1. 12. 13. PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN CCPC AGENDA/lo/9-1 8-03 3 September 18, 2003 CCPC Meetine Mr. Abernathy called the meeting to order: September 18th meeting of the Collier County Planning Commission. Pledge of Allegiance was recited. Roll call was taken Addenda to the Agenda: Mr. Bellows provided the following changes to the agenda. Item 8B- Petition PUDZ-03-AR-4008 will be heard at a future indefinite time. Mr. Abernathy requested that Mr. Bellows check with the county assessor's office, look at the tract card for Pelican Bay and see exactly how many square feet of commercial or office space has been built. Items which were continued were the following: 8B-Petition PUDZ-03-AR-4008 will be continued to an indefinite date 8F-Petition PUDZ-2003-AR-3831 will be continued to an indefinite date Mr. Budd made a motion to continue the above matters to an indefinite date. The motion was seconded by Mr. Adelstein. The motion was carried 9-0. Further Addenda to the Agenda: Mr. Bellows provided the following change to the agenda: After Item 12 Discussion of Addenda, that the election of officers for the coming year for the Planning Commission. take place. Mr. Richardson made a motion to change the agenda as outlined above. Mr. Budd seconded the motion. The motion was passed 9-0. Minutes of August 21st Mr. Strain indicated there should be a correction to the minutes on Page 2, Line 16, which currently reads, "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." Mr. Strain requested that the minutes be amended to indicate a "possible appearance of a conflict of interest." Mr. Budd made a motion to approve as amended, seconded by Ms. Young. The motion was passed 9-0. BCC Recaps: Mr. Bellows stated that at the last board meeting the Board approved the popcorn kiosk conditional use by a vote of 5-0. Mr. Bellows stated that the Board denied the Little Hickory boathouse variances by a vote of 4-1. The Longview Center PUD at Orange Blossom Airport was approved on the summary agenda. The Parklands PUD amendment and DRI were approved 5-0. Chairman's Report: None Item 8A-BD-2003-AR-4211, Michael Hawkins of Turrell and Associates, representing GustaafH. Flier, requesting a 15-foot boat dock extension from the permitted 20 feet for a boat dock facility protruding a total of 35 feet into the waterway. The property to be 2 September 18, 2003 considered for the boat dock extension is located at 86 Southport Cove, further described as Lot 7, Southport on the Bay, Unit One, in Section 6, Township 48 South, 25 East and consists of 0.26 acres. (Coordinator: Ross Gochenaur). Mr. Abernathy swore in all testifying on behalf of this issue. There were no disclosures. Michael Hawkins, Turrell and Associates Mr. Richardson questioned whether the 25-foot and 28-foot vessels destined to use the dock needed a draft of 12 feet. Mr. Hawkins responded that the two boats did not have a draft of 12 feet but if the two boats were placed parallel to the shoreline, the setbacks presently in place could not be met. Mr. Abernathy observed that the two vessels taken together amount to 49.5 percent of the waterfront footage. Mr. Hawkins responded that presently the applicant only wants to moor one vessel; the rest is for future use. Mr. Abernathy questioned whether the petitioner currently owns a vessel. Mr. Hawkins responded that the petitioner does own one vessel. Mr. Richardson questioned as to over trimmed mangroves. Mr. Hawkins responded that a notice was received by the property owner regarding over trimming of mangroves; however, there has been no further action. Mr. Gochenaur responded that there had been no violation, only that a warning had been sent that future care should be taken. Mr. Richardson observed that the 35-foot protrusion seems excessive. Mr. Gochenaur responded that the 35-foot protrusion requested is typical in that area and that if the petitioner wanted to moor two boats parallel to the shoreline, he would not be able to fit them in with the setback. Mr. Richardson questioned whether there was similar topography with regard to how much depth they have on the other docks in the area. Mr. Gochenaur responded that there are no seawalls and the depth varies with the property. Mr. Schiffer questioned staff regarding possible placement of a boathouse. 3 September ! 8, 2003 · Mr. Schmitt responded that the Land Development Code would not allow a boathouse to be built more than 20 feet from the shoreline. · Mr. Budd made a motion to approve the petition pursuant to staff's stipulations, seconded by Mr. Midney, motion was passed 9-0. Mr. Schmitt stated that it is his intention to bring back the issue of boat docks and boathouses at the next meeting to discuss the Commission's intent as to where you want staff to go with regard to boat dock and boathouses. Item 8C-VA-2003-AR-4243, motion was made by Mr. Budd, seconded by Mr. Adelstein and passed 9-0 to place Item 8C at the end of the agenda after Item 8I. September 18, 2003 Item 8D-VA-2003-AR-4426, Andrew I. Solis, Esquire, representing J.J. Slaugh General Contracting, Inc., requesting a 7.4-foot variance from the required 15-foot front yard setback to 7.4 feet. Property is located at 105 1 st Street S.W., further described as the east 105 feet of tract 123, Golden Gate Estates Unit 12, in Section 9, Township 49 South, Range 27 East, Collier County, Florida, consisting of 1.46+acres. Mr. Abemathy swore in all testifying on behalf of this issue. Mr. Budd disclosed that he met with the applicant and his agent. Ms. Young disclosed that she met with the applicant and his agent.. Mr. Strain disclosed that he had a conference all with the applicant and his agent. Andrew I. Soils, Esquire representing J.J. Slaugh General Contracting, Inc. · Mr. Budd questioned whether construction stopped when the error was found. · Mr. Solis responded it was stopped when petitioner submitted the spot survey, he met with Ms. Worsley and Mr. Schmitt and they approved the spot survey so the petitioner went ahead. · Mr. Richardson asked what the state of the property is right now. Mr. Solis 'responded that construction is almost completed. Mr. Schmitt stated that the builder is responsible within ten days of placing the slab to come in and have the spot survey approved and anything done within that time is done at the builders risk. Mr. Schmitt indicated that there was an error and the Board allowed the petitioner to continue building at his own risk. Mr. Schmitt indicated that all inspections have been made by the County. Public Speakers: None Ms. Strain made a motion to approve the petition with stipulations that no future variance will be required, home may be rebuilt in same location. The motion was seconded by Mr. Wolfey. The motion was approved 9-0. Item 8E-PUDZ-2002-AR-2944, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, representing Royal Palm Academy, requesting a rezone from "A" Rural Agricultural and "A-ST" Rural Argicultural/Special Treatment to "PUD" Planned Unit Development to be known as Royal Palm Academy PUD for an Educational Campus and Residential Community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7+ acres. Mr. Abernathy swore in all testifying on behalf of this issue. Mr. Strain disclosed that he had a brief discussion with Mr. Arnold. · Richard Yovanovich representing the petitioner discussed the following: · Location of site 5 September 18, 2003 · Access road from Livingston Road to the west to a middle school. · No use of road by residential development · On east side of Livingston Road there will be an interconnect for property owners to the north to gain access to lighted intersection. · Four units per acre are being requested · Access for the residents of Imperial is being provided Discussion between Mr. Abemathy and Mr. Yovanovich regarding PUD. Discussed traffic issues and compatibility Discussed sidewalks · Discussed density. Wayne Arnold, Grady Minor & Associates · Ms. Young inquired regarding the environmental issues. Mr. Danzer of Phoenix Environmental Group discussed environmental issues and indicated that the wetlands that are currently on the property were analyzed from a wetland rapid assessment procedure that analyzes the value of those based on the quality of habitat. · Norman Trebilcock, Civil Engineer and Certified Planner. Discussed condition of site with regard to water. Mr. Richardson questioned regarding the easement on the south side, how it will work, how long will it take, and what is it going to take to get the easement in for emergency services. · Mr. Arnold responded that it would be determined by whoever the applicant is to construct the road, the easements are written in favor of the public. Mr. Richardson commented that he is concerned with what the County can do to get some improved safety access for Phase V, and Mr. Arnold responded that it is the developer's intent to construct a portion of that road that serves our community, after the residential portion of our site, we don't have a benefit of the road. · Discussion of roadway capacities ,residential setbacks, and sidewalks. 6 September 18, 2003 Public Speakers Mr. Abemathy swore in Herbert Oehlers who is testifying regarding the issue. · Herbert Oehlers, homeowner Imperial Golf Estates. Mr. Oehlers had concerns regarding whether developer would assume responsibility for impact mitigation re the access road. · Developer indicated capacity to assume responsibility for impact mitigation depends on the Board decision regarding sidewalks. Bruce Anderson, representing Center Point community church, expressed concerns regarding access easement being granted to the church and cost sharing. Applicant agreed to access easement and cost sharing of one-third, one-third, one-third. · Mr. Arnold discussed sidewalks on one side of the street as opposed to both sides of the street. Mr. Schiffer questioned whether the developer was requesting lower density. Mr. Arnold responded that the developer would forego 100 units if a commitment can be gained allowing the construction of sidewalks on only one side of the street. · Mr. Schiffer questioned whether the rear property lines on Livingston Road would go to the Livingston Road right-of-way. · Mr. Arnold responded that is correct. · Mr. Schiffer discussed the issue of the buffer. Ten Minute Break Mr. Trebilcock stated that regarding the buffer, the 20 feet provided is the buffer for landscaping and the setback, and the closest accessory structure would be outside of any setback or buffer from Livingston Road. Mr. Schiffer suggested wording be added indicating that no principle structure would be allowed within the buffer. Mr. Budd made a motion that the Planning Commission forward this petition to the Board of County Commissioners with a recommendation of approval subject to the staff report, in addition clarifying Item 4A6 removing the phase of 7 September 18, 2003 transition out of the existing upon the completion of the second classroom building, that there be 25 foot minimum roadway radius on a 40 foot roadway, that regarding the wetland mitigation credits, any extra credits that are available through the petitioner's process be held in favor of the Imperial neighborhood and their access roads, that the sidewalks be a single side sidewalk in exchange in part but also in exchange and receipt of a reduction of 100 units to a net of 550, that there be an easement for the Center Point Community Church as Mr. Anderson requested and Mr. Yovanovich agreed to. and no principle structure within the rear yard buffer. Ms. Young seconded the motion. Mr. Midney asked for clarification regarding the sidewalk. It was agreed that the motion should be amended to include all roads, one side. Motion was further amended to read 5- feet from the lanai rather than 8-feet. Motion was carried 9-0. Item 8H-PDI-2003-AR-4061, J. Gary Butler, of Butler Engineering, Inc., representing Briarwood Development Corp., requesting an insubstantial change to the Briarwood PUD Master Plan to provide two access interconnect points to the 40-acre Spinelli Land holding, LLC rezone parcel. The subject property is located in Section 31, Township 49 South, Range 26 East, Collier County, Florida. (Companion to RZ-2003-AR-04041). Mr. Abernathy swore in all testifying on behalf of this issue. Mr. Budd disclosed that he had a telephone conversation with Mr. Spinelli regarding this matter. · Discussion regarding whether a new PUD was being requested. Bruce Anderson representing the applicant discussed proposal to build interconnection within the Briarwood PUD. Mr. Anderson indicated that the developer is in agreement with all staff stipulations including specifically that all of the lots within the additional 40 acres will be incorporated into the Briarwood Homeowners Association and will pay their proportionate share of all association fees and costs. Mr. Anderson addressed concerns of San Marcos resident. Mr. Anderson stated that the applicant has agreed that regarding the properties that abut the eastern boundary which do not have the benefit of the separation of the FL&L easement to build a two foot berm with a five-foot hedge planted on top of the berm. · Discussion of emergency vehicle access, traffic increase, and substantial deviation. Kay Deselem, A.I.C.P, Principal Planner, Collier County Community Development and Environmental Services Division discussed access, compatibility, zoning. · Discussion as to what constitutes a substantial change to the road system and it was ascertained that 23% constitutes a substantial change. Ms. Deselem discussed the inclusion of a stipulation on project AR-4041 that requires those particular lots to be included in the Briarwood Homeowners Association so that the impact on that project will be addressed. September 18, 2003 · Discussion on Briarwood homeowner's control of the association, and who owns a PUD. Mr. Anderson stated that when people bought their homes, there was a reservation on the part of the developer to buy future lands and if people objected to that, they could have bought elsewhere. Mr. Anderson discussed the desire for interconnections. Mr. White stated that the process as set forth in the LDC is that determination is made essentially administratively as to whether a matter is substantial or insubstantial, and it has been determined that this is an insubstantial change. Mr. White stated that he does not believe it is in the Board's authority to make a determination as to the correctness of the determination of staff that it is an insubstantial change. Mr. Budd stated that he does not understand the inconsistency when our staff planner determines that it is insubstantial and our transportation representative just commented that the additional traffic being routed through Briarwood is substantial and the amount of traffic impacting public roads is one of the criteria in determining whether it would be handled through a substantial or insubstantial change method. Discussion of traffic on private roads and interconnections. Discussion of buffers. Discussion regarding swimming pools. Mr. Anderson stated that the number of pools is a private deed restriction issue; secondly, the construction of the second pool is on the way but has been held in abeyance to determine the appropriate sizing based on the addition of the 40-acre parcel. Ms. Deselem stated that those letters and correspondence were based on the advertisement for this and she did not make a determination whether they were germane to the issues being discussed other than the brief synopsis in the Briarwood report indicating that there are some issues being raised by the neighbors. Ms. Deselem indicated that she does not know whether the allegations are true or false because they are outside the venue she was reviewing. Mr. Strain questioned whether there is a legal requirement regarding square footage of the pool versus the number condos the pool services. Ms. Deselem responded that it is not within the scope of the PUD or of what she was reviewing. 9 September 18, 2003 Mr. Schmitt stated that staff is not prepared to address the issue of the pool · Mr. Anderson indicated that there will be a second pool, the only question will be design and if the new houses will be entitled to use both pools. · Discussion regarding interconnecting to San Marcos and prohibition in staff report indicating that it will not be done. Public Speakers Dan Payne: Homeowner on San Marco's Boulevard. Does not want interconnect. Steve Payne: Homeowner on San Marcos Boulevard. Is concerned about PUD and rezoning. Scott Keller: Homeowner on San Marcos Boulevard. Concerned about access road. Would impact on countryside life style currently enjoyed. Having road would destroy his property value. Road would open up into high-density trailer courts endangering safety of children. · Mr. Strain suggested that vacating the road easement might protect the property owners in the future. Mr. Richardson asked prior to Mr. Keller purchasing his property what Mr. Keller thought might happen to that vacant property in the future. Mr. Keller responded it was his understanding prior to purchasing the property that the County Commissioners had already decided that no access road would be built there and that there were other access points available. Richard Knott: Resident of Briarwood and Co-Chairman of the Briarwood Residents Committee. When the Briarwood Homes were sold in the early nineties the home purchasers were shown diagrams of where the homes would be and were told that the developer would be finished within three and four years. However, after the first homes were completed the developer purchased additional land and Briarwood became larger. Briarwood has been under the control of the developer for 12 years and it appears that Briarwood will be under control of the developer for at least another five years. A reasonable compromise would be that the developer should relinquish control of the property owners association or utilize a meaningful Board of Directors with 50% membership coming from the homeowners so the homeowners will have some control over their community. As it stands, the developer has control of Briarwood until the last home is built. Frank Green: President, Maplewood Homeowners Association. Discussed residents desire to have Crossfield Circle Gate removed. September 18, 2003 · Discussion of access for emergency vehicles. John Alcott: President of the Dover Parc Condominium Association. Addressed concerns about amount of traffic. Addressed two major concerns of the residents of Briarwood, for the new area as current law is set up there is no indication that area would have to be part of the Briarwood Home Owners Association. The developer is in full control. There is concern that access would be given to the 40 acres through Briarwood without their participation in paying assessments to maintain roads; this concern has been taken care of. The pool is a second concern. The current pool and recreation area is currently in violation of state codes, not enough water flow in the pool and insufficient drains have been placed in the bathrooms. The Association would like to know if since Staff Recommendation No. 5 is up for approval which addresses the situation of the new 40 acre tract people being part of Briarwood's Association, could there be an additional recommendation requiring the developer to complete the pool and any other changes to the recreation facility required by the state or county before any building permits are issued for the 40 acres. Bruce Anderson: If the Briarwood Residents Committee will be supportive of the PUD and rezone request, developer will agree to the stipulation regarding the building permits. · Discussion regarding bringing pool up to code and second pool. Mr. Budd made a motion to approve the petition with all the commitments stipulated on the record by the petitioner and including the staff stipulations attached. Motion was seconded by Mr. Strain. Motion was carried 9-0. Item 8G-RZ-2003-AR-4041, J. Gary Butler, of Butler Engineering, Inc., representing Spinelli Land holdings, LLC, requesting a rezone from "A" Rural Agricultural to RSF-3 for a single-family development. Property is located on the south side of Golden Gate Canal ½ mile east of Livingston Road and one mile north of Radio Road, Section 31, Township 49 South, Range 26 East, Collier County, Florida, consisting of 40+ acres. (Companion to PDI-2003-AR-4061 ) Bruce Anderson: Adopted and incorporated by reference all remarks on the prior petition and was prepared to answer questions. Mr. Strain asked if vacating the easement of San Marcos Blvd. is requested, does the developer agree not to object to it so that the residents along the extension can go ahead, with the same criteria · Mr. Anderson responded that with the same caveats, yes. · Mr. Strain questioned regarding standards. · Ms. Deselem discussed staff report dated July 31 recommending approval and recommended conditions. 11 September 18, 2003 · Mr. Anderson confirmed agreement to stipulation regarding the berm which would be accomplished at the time of infrastructure installation because of need to irrigate, land must be cleared before infrastructure can be put in. Public Speakers: Dan Payne: Would like eight-foot wall. · Mr. Bellows indicated that the code does not allow for an eight-foot wall. Steve Payne: Discussed petition asking for six-foot wall to protect country lifestyle. Scott Keller: Indicated desire for some sort of barrier. Two-foot berm is too small; should be minimum of four feet. · Discussion of berm versus wall density and zoning change. John Alcott: Discussed completion of pool before building starts. Would like to see people in 40-acre tract become part of Briarwood Association and share in expenses. · Mr. Anderson discussed Land Development Code and buffer. · Mr. Schiffer discussed the berm. Discussion was held regarding either a six-foot structural wall, concrete or masonry, or in lieu of that a four-foot berm with a six-foot vegetation buffer to reach 80% of capacity within one year. Mr. Budd made a motion that the matter be forwarded to the Board of County Commissioners with a recommendation of approval subject to the five stated stipulations, Stipulation 6 being a minimum housing size of 1,000 square feet, Stipulation 7 regarding plantings and berm or wall, the options being a four foot high berm, six foot high hedge 3 foot on center with an 80% capacity in one year in a 15 foot wide buffer or six foot high structural wall on petitioner's side of the property line. Motion was seconded by Mr. Wolfey. Motion was carried 9-0. Item 8I-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 from 8/21/03). Mr. Abernathy swore in all testifying on behalf of this issue. There were no disclosures. 12 September 18, 2003 Gill Strelec, Kemp Signs, Inc., representing Exxon/Mobil Oil Corporation. Collier County changed signs codes, and Exxon had six gas stations in Collier County which needed to be brought up to standards. That was done and there are six signed permits for six signs in the county. Regarding site on Executive'Drive, the new sign would be hampered by the wall that surrounds the development and upon lowering the sign the sign would not be visible to the public. Sign needs to be outside the wall in order to be seen. Discussion on preference of applicant for Choice A as opposed to Option B. Staff recommended approval. Public Speakers None Motion made by Mr. Wolfey to approve petition SV-2003 AR 4207 with option A. Motion seconded by Ms. Young. Motion carried 9-0. Item 8C-VA-2003-AR-4243, Melanie Beebe, requesting an 18.1-foot after-the-fact side yard variance from the E Estates zoning district 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'x8' front utility shed. Property is located at 245 22nd Avenue N.E., further described as Golden Gate Estates Unit 23 East 180' Tract 50, in Section 27, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Michael Demntz) (Continued from 08-21-03). Mr. Abemathy swore in all testifying on behalf of this issue. There were no disclosures Tim Beebe, applicant, indicated that the house was built in 1984 and the land was split shortly after. The split was approved by all county agencies with no contingencies. Applicants bought the house in 2001 and found out in 2003 that the house is in non- compliance. Applicants got fence permit, well permit. Code enforcement cited the property for two code violations that were approved in 1984. Collier County is forcing applicant to suffer a large financial burden by asking them to become code compliant in 2003 for two structures that were approved in 1984. A variance fee costs $1,000, which was paid. There is still a long list of requirements. It is dragging on. Applicants are being penalized for human error of the parties who approved the house in 1984. Applicant had several surveys done and this was shown. · Mr. Schmitt stated that this situation is the result of subdividing the property, sold the adjoining lot, which resulted in the conforming structure becoming a non- conforming structure, which had been done by the time the Beebes bought the property. Mr. Schiffer questioned how a lot is subdivided without an as-built survey to show the County what is being subdivided. · Discussion was held and it was determined land has been sold without meeting zoning ordinances. 13 September 18, 2003 · Shed was discussed. · Planning report was discussed which recommend approval of the variance for the single-family residence and recommending denial of variance for the shed. Ms. Young made a motion that the Collier Planning Commission forward Petition VA- 2003-AR-4243 to the Board of County Commissioners with a recommendation for approval with conditions; however, conditions are limited to numbers one and two only. Motion was seconded by Mr. Wolfey. Motion was carried 9-0. Mr. Budd stated that one as written said that the variance granted is limited to the house, modify that to read variance granted is not limited to the house. Mr. Wolfey stated that limited to the existing site plan as submitted here today. Old Business Mr. Schiffer reported that regarding the boathouse resolution that Mr. Schmitt will be reporting on it at the next meeting. Ms. Student read into the record a statement regarding Mr. Adelstein's conflict at the last meeting on the Radio Square PUD. Election of Officers Mr. Richardson made a motion nominating Mr. Abernathy as Chairman, Mr. Budd as Vice-Chairman, and Mr. Adelstein as Secretary. Motion was seconded by Mr. Midney. Mr. Adelstein made a motion nominating Mr. Budd as Chairman of the Planning Commission and Mr. Strain as Vice-Chairman. Motion was seconded by Mr. Wolfey. Mr. Abernathy indicated that he would like to step down. Mr. Wolfey made a motion nominating Mr. Budd as Chairman, Mr. Strain as Vice- Chairman and Mr. Strain as Secretary. Motion carded 9-0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:30 p.m. Collier County Planning Commission Advisory Board Kenneth Abernathy, Chairperson 14 COLLIER COUNTY GOVERNMENT Comm!~nity Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples~ Florida 34104 September 24, 2003 Michael Hawkins Turrell and Associates 3584 Exchange Avenue, Ste B Naples, FL 34134 REFERENCE: BD-2003-AR-421 l, Gustaaf H. Flier Dear Mr. Hawkins: On Thursday, September 18, 2003, the Collier County Planning Petition No. BD-2003-AR-4211. A copy of Resolution No. 03-14 is enclosed approving this use. If you have any questions, please contact me at 213-2911. Sincerelw.~ Ross Gochenaur Planner RG/Io Commission heard and approved Enclosure CC: Gustaaf H. Flier 109 Saint Estacious Lane Bonita Springs, FL 34134 Land Dept. Property Appraiser / Minutes & Records (BD, PSP & PDI) ~/ Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File C C Phone (239) 403-2400 Fax I-3 } 643-6968 www.collicr?v, not CPC RESOLUTION NO. 03-1/4 A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD-2003-AR-4211 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 ccnferred 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 15-foot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. to authorize a 35-foot boat dock facility in an PUD Planned Unit Development 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-2003-AR-4211, filed on behalf of Gustaaf H. Flier by Michael Hawkins of Turrell and Associates, for the property hereinafter described as: Lot 7, Southport on the Bay Unit One, as described in Plat Book 15, Page(s) 51 through 53, of the Public Records of Collier County, Florida, be, and the same is hereby approved for, a 15-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21., to authorize a 35-foot boat docking facility in the PtJD Planned Unit Development zoning district wherein said property is located, subject to the following conditions: o Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be provided to Collier County prior to the issuance of a building permit. 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, prior to the issuance of a Certificate of Completion. 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, prior to the issuance of a Certificate of Completion. I of 2 All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject properly prior to issuance of the required Certificate of Completion and the property must be maintained free from all prohibited exotic species in perpetuity. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this /$:~ day of <.~.~ ,2003. /~. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA ~HAIRMAN ATTEST: ~[mDieise. lrOaPtTnt and Environmental Approved as to Form and Legal Sufficiency: Patrick .~hite Assistant County Attorney BD-2003-AR-421 I/RG/Io 2of2 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 October 15, 2003 BUTLER ENGINEERING ATTN: GARY BUTLER 2223 TRADE CENTER WAY NAPLES, FL 34109 REFERENCE: PDI-2003-AR-4061, BRIARWOOD PUD Dear Mr. Butler: On Thursday, September 18, 2003, the Collier County Planning approved Petition No. PDI-03-AR-4061. A copy of Resolution No.03-15 is enclosed approving this use. If you have any questions, please contact me at 213-2931. Sincerely, Kay Deselem, AICP Principal Planner KD/lo Enclosure CC: BRIARWOOD DEVELOPMENT CORP. 3927 Arnold Ave., Naples, FL 34104 Bruce Anderson,Esq. Land Dept. Property Appraiser Minutes & Records (BD, PSP & PDI) / Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File Commission heard and C o i e r C Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov.net PDI RESOLUTION NO. 03 - 15 RELATING TO PETITION NUMBER PDI-2003-AR-4061 FOR INSUBSTANTIAL CHANGES TO BRIARWOOD PUD FOR PURPOSE OF REVISING THE MASTER PLAN TO PROVIDE TWO ACCESS INTERCONNECT POINTS TO THE FORTY-ACRE "SPINELLI [,AND HOLDING, LLC" REZONE PARCEL 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 (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of PDI- 2003-AR-4061, insubstantial changes as shown on the revised Briarwood PUD Master Plan (Exhibit "A"), Ordinance Number 95-33, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: The petition filed by J. Gary Butler of Butler Engineering, representing Briarwood Development Corporation, be and the same hereby is approved for making the noted minor changes to the Briarwood PUD, i.e., adding two access points along the project's eastern boundary, having the effect of revising the Master Plan (Exhibit "A"). 1 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI-2003- AR-4061 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 ~.j~t(. ,2003. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA ATTEST: · ABERNATHY, ~ITi~AN ment and Environmental Services Division oved Fo d Legal Sufficiency: P'atricl~ ~. Wl~ite Assistant County Attorney PDI-2003-AR-4061/KD/sp EXHIBIT PROJECT INTERCONNECT (TYP) A: PUD MASTER PLAN 1RACT .~F~: ~NCL£ FAMILY RESlDENITAL 89.7 AC ~ACT A: ~L~FAM~Y ~AL l~J AC ~ACT B ~ ~' ~U~ C~MERIC~ I~99 AC ~ACT ~ ~A~ ~A ~ AC f ~ACT E: ~VA~ AREA Z~ AC ~E AREA Jl.~ AC ~T-~-WAY 2~ AC UWN~ST~ ROAD R~ ~I.~ AC ~ ~A~T 2.~ AC 209.~7 AC N w E S ~YPI~AL ROADICA Y S~'C~70N TRACT B & C TRACT A TRACT A~_. RADIO A PARCEL IN SECTION 51, T 49 S, R 25 E, COLLIER COUNTY, FLOR/DA RE-SUBMITTAL PDI-2003-AR-4061 PROJECT # 19990137 DATE: 7/29/03 KAY DESELEM