CCPC Minutes 10/16/2003 ROctober 16, 2003
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PLANNING COMMISSION
Naples, Florida, October 16, 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:
Russell Budd
Mark Strain
Dwight Richardson
Lindy Adelstein
Brad Schiffer
Paul Midney
Kenneth Abemathy (Excused)
Robert Murray
George Evans
ALSO PRESENT:
Susan Murray, Planning Services
Ray Bellows, Planning Services
Joyce Ernst, Planning Services
Mike Bosi, Planning Services
Marjorie Student, Assistant County Attorney
Robin Meyer, Planning Services
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AGENDA
COLLIER COUNTY PLANNING COMMISSION W/LL MEET AT 8:30 A.M., THURSDAY, OCTOBER 16, 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 WRrl'TEN OR GRAPH/C 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 SUBMIT'FED 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.
NOTE: The public should be advised that two (2) members of the Collier County Planning
Commission (Dwight Richardson and Bob Murray) are also members of the Community
Character/Smart Growth Advisory Committee. In this regard, matters coming before the
Collier County Planning Commission may come before the Community Character/Smart
Growth Advisory Committee from time to time.
PLEDGE OF ALLEGIANCE
ROLL CALL BY CLERK
ADDENDA TO THE AGENDA
APPROVAL OF MINUTES - NOT AVAILABLE AT TIME OF MAILOUT
PLANNING COMMISSION ABSENCES
BCC REPORT- RECAPS
CHAIRMAN'S REPORT
ADVERTISED PUBLIC HEARINGS
BD-2003-AR-4341, Marco Dock & Lift, Inc., representing Johann & Angela Mirlak, requesting a 10-foot boat
dock extension from the 20-foot maximum permitted for a facilities protruding a total of 30 feet into the
waterway. Property is located at 141 East Pago Pago Drive, further described as Lot 413, Isles of Capri No. 2, in
Section 32, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Joyce Ernst)
B. CU-2003-AR-4524, James B. Malless, AICP, of Firm Wireless Planning Services, LLC, representing Pinnacle
Towers, Inc., requesting conditional use approval for a 700-foot guyed tower in the "A" Rural Agricultural zoning
district per LDC Section 2.6.35.6.2. The property is located at 305 Tower Road north west of the intersection of
US 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of
14.55+ acres. (Companion to VA-2003-AR.4525) (Coordinator: Mike Bosi)
C. VA-2003-AR-4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers,
Inc., requesting a variance as follows: To reduce the required tower to residential separation distance fi.om 1,750
feet to 1,060 feet. This is a reduction of 690 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5
times the tower height from residential zoning districts or PUD zoning of a 6 residential units or less. A variance
is also requested to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. This is a 6-
foot reduction on the location of the guyed anchor.. Section 2.6.35.6.15 requires that guyed anchors of towers
over 75 feet meet the setback standards of the zoning district. A variance of 450 feet from the 250 foot height
limitation for towers in the Rural Agricultural zoning district for a 700 foot tower. Property is located at 305
Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55+
acres. (Companion to CU-2003-AR-4524) (Coordinator: Mike Bosi)
D. CU-2003-AR-3906, Terrance L. Kepple, P.E., of Kepple Engineering, requests a conditional use #7, 11, and 16,
of the "A" Rural Agricultural Zoning District, to allow for the expansion of an existing church facility along with
the addition of a child care and assisted living facilities. This petition proposes a 324 seat church, and 300 seat
parish hall, a 150 student child care facility and a 20 unit assisted living facility. The property to be considered for
the conditional use is located at 2425 Rivers Road in Section 30, Township 48 South, Range 27 East, in Collier
County, Florida. This property consists of 8.3 acres. (Coordinator: Robin Meyer)
9. OLD BUSINESS
10. NEW BUSINESS:
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
I 0/16/03 CCPC AGENDA/RB/io
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October 16, 2003
Chairman Russell Budd called the meeting to order at 8:30 AM. Pledge of
Allegiance was recited.
1. Roll call was taken and a quorum established.
2. Addenda to the Agenda- none.
3. Approval of Minutes - not available at time of mail out.
Planning Commission Absences - reminder of Land Development Code
Amendment meeting on Wed. Oct. 22, 2003 5:05 PM - may carryover to
Thursday morning. The afternoon of the 23rd is a 1:00 pm Orientation session.
Next regular meeting is November 6, 2003.
5. BCC Reports - Recaps - Spinelli rezone was approved 5-0. Approved the
Conditional Use of the Marati Excavation.
6. Chairman's Report- none.
7. Advertised Public Hearings:
Ae
BD-2003-AR-4341 - Marco Dock & Lift Inc., representing Johann &
Angela Mirlak, requesting a 10 foot boat dock extension from the 20
foot maximum permitted for a facility protruding a total of 30 feet
into the waterway. Property is located at 141 East Pago Pago Drive,
Isle of Capri No 2, and Collier County, Florida.
Ex Parte Communications - none.
Those testifying were sworn in by Mr. Budd.
PETITIONER
Blake Wichard, Marco Dock & Lift, representing the Mirlaks. There is an existing
facility with an existing boat lift. They are looking to move the lift further into the water
and build a 4x10 foot long walkway in order to get access to the back of the vessel. Have
permits in hand.
Mr. Adelstein discussed the draw and tides in order of getting a boat of and on the lift.
Mr. Richardson asked if the applicant planned on putting a boathouse at any time in the
future.
He has purchased a canvas cover but has expressed no desire of a boathouse.
STAFF
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October 16, 2003
Joyce Ernst - Planning Services - no objection received and meets all the criteria.
Hearing is closed for discussion and motion.
Mr. Adelstein moved to approve BD 2003-AR-4341 with staff recommendations.
Second by Mr. Strain. Carried unanimously 8-0.
Be
CU-2003-AR-4524 - James B. Malless, AICP, of Firm Wireless
Planning Services, LL representing Pinnacle Towers, Inc., requesting
conditional use of for a 700 foot guyed tower in the "A" Agricultural
zoning district per LDC Section 2.6.35.6.2. The property is located at
305 Tower Road northwest of the intersection of US 41 and SR 951,
Collier County, Florida, consisting of 14.55 +/- acres.
Ex Parte Communications - none
Those testifying were sworn in by Mr. Budd.
PETITIONER
James Malless - Wireless Planning Service, 845 Mississippi Ave, Lakeland, FL. He
is a member of the American Institute of Certified Planners and doing planning work for
22-24 years. He is presenting the two petitions for the Conditional Use and the Variance.
Pinnacle Towers owns thc land, the existing 524 foot tower on site and will own the new
700 foot tower.
C. VA-2003-AR-4525. (The Commissioners will hear both Petitions and
vote on them separately).
The request is to build a 700 foot tower on an existing tower parcel on Tower Road. The
proposal is to come approx., 30 feet from the existing tower, construct the new 700 foot
guyed tower, equipment building and future space for additional antennas. Pinnacle has
owned for 5-6 years. It was 700 feet, but was dropped to 524 feet in order to allow co-
location and additional antennas. Requesting three variances - height of tower, guyed
wire anchors meet the side yard setbacks, and the towers be 2 V2 times the height of the
tower away from residential properties. Eagle Creek Golf Club is to the north.
They held neighborhood meetings and brochures were presented to residents of Eagle
Creek. Presented required information to staff and found it consistent with the plan and
Land Development Code and meet all standards.
Mr. Richardson asked about other sites.
Mr. Malless stated Pinnacle Towers will lease space to the US Coast Guard and other
companies that need to co-locate on the tower. They are required to have filed the
requisite for a shared use plan with the County.
Mr. Adelstein also asked about another area or site that could be used by the Coast
Guard. Mr. Malless answered this is the best location given the height, location and
closeness to the water.
The existing tower map and frequencies assigned to the tower and not the antennas was
discussed.
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October 16, 2003
Mr. Malless explained the existing tower was originally 700 feet; it was then reduced to
524 feet in October 2000 - additional antennas were put on the tower that used up the
structural capacity of the tower, making it so it could be extended. The Coast Guard will
be at the top of the new tower, no one has come to them yet for usage between the 524
and 700 feet but there could be other governmental agencies.
Mr. Strain asked if they had a'perpetual lease with the Coast Guard. To be answered
later.
Mr. Bosi stated this is a legal non-conforming structure - residential units were
constructed after the tower was originally constructed.
Power Point Presentation - Chief Paul Rowe- Electronics Engineer for 15 years -
was sworn in by Mr. Budd. His presentation included the following:
· Services Included - 95 miles of US Coast lines - Search & Rescue Etc.
· How It affects Naples Community
· Since 9/11 Mandated by Congress to implement quickly- Security
Only 14 miles of coverage at present - will now cover 20 miles from coast line
· Nationwide Implementation
· Proposed Coverage shown
· Area covered except Naples area - next tower north of Naples is Pine Island
· Radio coverage was done at 700 feet
· Site preferred was shown on map
· Environmentally can't build in the Everglades
· How the System Works - Benefits were given
Mr. Richardson asked if their actual need is for more feet - why not build it.
Lonnie Nichols - St. Petersburg, FL - General Dynamics - Contractor and Project
Manager. They do not want to infringe any more than they have to. If they meet the
required coverage, they are meeting the need and contract obligations. They looked
extensively for other towers, did coverage maps and did not want to go above 700 feet if
not needed.
It is easier to lease than to own and they are looking at a 20 year lease. They have a letter
of intent with Pinnacle for such.
Brett Buggeln - Director of Co-Location Real Estate and Construction, Pinnacle
Towers- owner of the site in question. A letter of intent has been signed with the Coast
Guard that indicates the initial lease term would be until 2022. If they provide a
satisfactory facility and maintain it to standards, he would expect them to renew any
options or follow the agreement they have. They do not have an explicit agreement on
renewal.
Mr. Schiffer asked what percentage of the use of rental above the existing tower he
expects the governmental agencies would provide. Mr. Buggeln stated there are 120
users on the existing tower now. US Navy and Florida Gulf Coast University are two of
the agencies.
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October 16, 2003
STAFF
Mike Bosi - Planning Services - was reviewed and a copy was provided to the
Mosquito Control District and Rookery Bay. They have not received any negative
comments from either agency. One letter of objection was received from the Florida
Dept. of Transportation. A letter was received and distributed. (Enclosed)
The DOT objects to the proposed tower as described in an FAA Aeronautical Study. The
letter states that the antenna tower lies within a VFR route between Naples Municipal
Airport and Marco Island Airport that has a high degree of air traffic. The FAA will
weigh the concerns and offer a final decision on what the exact height of the tower will
be. If it is approved by the Planning Commission and the Board of County
Commissioners for 724 feet, and the FAA decided a 600 foot, or other height can be
constructed, that height would dictate over the 724 foot tower.
Mr. Schiffer asked about the 724 feet the FAA is referring to. Mr. Bosi mentioned there
had to be an administrative adjustment because the tower was originally 700 foot, 707
above sea level, and when the tower was reduced, the FAA was never notified that it had
been reduced to the 524 feet.
Mr. Strain asked about stipulation #4. He would like the Commissioners to change the
language "that if the tower is no longer used or required by a governmental agency" -
end of same sentence - insert the words "at a level above 250 feet".
Mr. Bosi will make the adjustment.
Mr. Midney was concerned about the impact of having a hazard to aircraft at 700 feet or
the impact of ocean vessels not having the tower. Mr. Bosi stated the FAA will
determine the safe and reasonable means of the final height.
If there is a denial by the FAA to build the 700 foot tower, the Coast Guard will not push
an appeal. The FAA and the Coast Guard are working together concerning the problem.
If it is rejected, this may come before the Planning Commission again.
The hearing is closed for discussion and motion.
Mr. Adelstein moved CU-2003-AR-4524 be forwarded to the Board of County
Commissioners for the recommendation of approval subject to staff's
recommendations as amended. Second by George Evans. Carried unanimously 8-0.
Mr. Strain moved to recommend for approval Variance 2003-AR-4525 with the
stipulations of staff and any amendments discussed. Second by Mr. Adelstein.
Carried unanimously 8-0.
9:50 AM Break
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October 16, 2003
10:00 AM Reconvened
CU-2003-AR-3906 - Terrance L. Kepple, P.E., of Kepple Engineering,
requests a conditional use #7, 11, and 16, of the "A" Rural
Agricultural District, to allow for the expansion of an existing church
facility along with the addition of a child care and assisted living
facilities. This petition proposes a 324 seat church, and 300 seat
parish hall, a 150 student child care facility and a 20 unit assisted
living facility. The property is located at 2425 Rivers Road in Collier
County, FL, consisting of 8.3 acres.
Ex Parte Communications - none.
All those testifying were sworn in by Mr. Budd.
PETITIONER
Terrance Kepple - Kepple Engineering - the area is on Immokalee Road and 951.
Currently there is a small church and a parking area on the site that went through a
conditional use. Proposed is to construct a new church (324 seats), a parish hall, day care
and assisted living facility. They would be constructed in phases. Reviewed staffs
comments and stipulations and have no objections, with one clarification. Child care area
says they would be limited to six classrooms, 150 children and 10 employees. He would
like to change the number employees as that is set by the State Regulations and that
would be followed. It depends upon thc age of the children. They do not know what the
mix of ages would be at this time.
Mr. Strain asked if this was for three conditional uses, or just one.
Marjorie Student - Assistant County Attorney responded that it pertains to one parcel,
and they will request the three uses but on one application because it is on one parcel.
The stipulations language will be cleaned up and remove any redundancies with the
Code.
Mr. Strain asked if there are to be turn lanes, would they be done by the applicant.
Robin Meyer - Planning Services - stated that is a requirement and will be done when
Immokalee is constructed to six lanes. Should be in the stipulations.
There is no time frame on the project phasing.
Marjorie Student stated each project would be commenced within the three years, if not,
they would have to ask for conditional use extension, and ask again if it did not
commence in the three year time frame. Mr. Kepple did not feel comfortable that would
be the case, and understood he would have to come back, but would rather lose it than
come back in a year and add it as it causes fewer problems.
Mr. Schiffer asked about the buildings on the site plan. (Difficult to read due to the size)
Mr. Kepple stated the church has hired an architect for the layout of the buildings, and
he will not lock in the dimensions or number of classrooms. The side setbacks were
discussed with the minimum setback being 30 feet.
This is a conceptual site plan.
Page 6
COLLIER COUNTY GOVE M NT
Community Development and Environmental Services Division
Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104
November 4, 2003
MARCO DOCK & LIFT, INC.
709 BALD EAGLE DR.
MARCO ISLAND, FL 34145
REFERENCE: BD-2003-AR-4341, MIRLAK, JOHANN
Gentlemen:
On Thursday, October 16, 2003, the Collier County
approved Petition No. BD-2003-AR-4341.
A copy of Resolution No. 03-16 is enclosed approving this use.
If you have any questions, please contact me at 403-2907.
Sincerely,
Department of Zoning and Land Development Review
Planning
Commission
heard and
Enclosure
CC:
JOHANN & ANGELA MIRLAK
141 E. Pago Pago Dr.,
Naples, FL 34113
Land Dept. Property Appraiser
Minutes & Records (BD, PSP & PDI) /
Customer Service
Addressing (Peggy Jarrell)
M. Ocheltree, Graphics
File
C
y
Phone (239) 403-2400 Fax (239) 643-6968 www. colliergov, net
CCPC RESOLUTION 03- 1_6
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION RELATING TO PETITION NUMBER
BD-2003-AR-4341 FOR AN EXTENSION OF A BOAT DOCK
ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on
ali 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 10-foot extension for a boat dock from
the 20-foot length allowed by LDC § 2.6.21. to authorize a 30-foot boat dock and boatlift facility in an
"RSF-4" zone for the property hereinafter described; and
WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement
have been made concerning all applicable matters required by LDC Section 2.6.21 .; and
WHEREAS, the CCPC has given all interested parties the opportunity to be heard, and considered all
matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier
County, Florida that:
Petition Number BD-2003-AR-4341, filed on behalf of Johann and Angela Mirlak by Marco Dock
and Lift, Inc., for the property hereinafter described as:
Lot 413, Isles of Capri No.2, as described in Plat Book 3, Page 46, of the Public Records of
Collier County, Florida,
be, and the same is hereby approved for, a 10-foot extension of a boat dock facility from the 20-foot
length otherwise allowed by LDC § 2.6.21., to authorize a 30-foot boat dock and boatlift facility
in the "RSF-4" zoning district wherein said property is located, subject to the following conditions:
1. 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.
o
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.
All prohibited exotic species, as such term may now or hereinafter be established in the LDC,
must be removed from the subject property prior to issuance of the required Certificate of
Completion and the property must be maintained free from all prohibited exotic species in
perpetuity.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission
and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote.
Done this /~' ~;; day of ~TZ0 b~_,~' , 2003.
COLLIER COUNTY PLANNING COMMISSION
COLLIER ~OUN,,T,Y, FI,OR[DA
RUSSELL A. BUDD, CHAIRMAN
ATTEST:
ph K. Scl~r~"'"'
~c~snitA[mD~:IrOaPtomrent and Environmental
Form and Legal Sufficiency:
Patrick G. White
Assistant County Attorney
BD-2003-AR-4341/JE/lo
October 16, 2003
STAFF
Robin Meyer - Planning Services - they agree with the stipulations previously agreed
upon by Mr. Kepple and Mr. Strain.
Mr. Schiffer would like to add that they are allowed to build 30,000 square feet and lock
it in.
Mr. Midney agrees to strike the 6 classrooms and 10 employees.
The hearing is closed for discussion and motion.
Mr. Strain moved recommendation of CU-2003-AR-3906 with the staff
recommendations including changes to Item #1 involving classrooms, eliminating
classroom quantities, employee quantities - change to the square footage to coincide
with the site plan provided, elimination of the building dimension and an addition of
orientating the play areas to Rivers Road and providing turn lanes on Immokalee
Road as required. Second by Mr. Adelstein. Carried unanimously 8-0.
9. Old Business: · Meeting October 22 - 5:05 PM and possibly carry over the next morning.
· Meeting October 23 - 1:00 PM - Orientation
· Conceptual plans are attached on site plans if meaningful.
· Would like maps blown up larger for easier reading. Cost may be
involved and Susan Murray will discuss it with Joe Schmitt.
10. New Business - none
11. Public Comment Item - none
12. Discussion of addenda - none
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 11:15 AM.
COLLIER COUNTY PLANNING COMMISSION
Chairman Russell Budd
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