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CCPC Minutes 02/20/2003 RFebruary 20, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 20, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abemathy Mark Strain David Wolfley Lora Jean Young Lindy Adelstein (Excused) Paul Midney (8:40) Russell Budd Dwight Richardson Brad Shiffer ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Serv. Marjorie Student, Assistant County Attorney David Weeks, Chief Planner, Comp. Planning Section AGENDA 2. 3. 4. 5. 6. 7. 8. COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 20, 2003 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEDGE OF ALLEGIANCE ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES- JANUARY 16, 2002 PLANNING COMMISSION ABSENCES - LINDY ADELSTEIN BCC REPORT- RECAPS- JANUARY 14, 2003 AND JANUARY 28, 2003 CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS 2002 Cycle GMP Amendment Petitions Ao Bo CP-2002-1, Karen Bishop of PMS, Inc. of Naples representing John B. and Dora A. McMullen, requesting an amendment to the FLUE and FLUM to expand the NE quadrant of Activity Center #7 by 18.5+ acres to allow certain specified commercial uses, located in Section 14, T50S, R26E. [Coordinator: Jean Jo.urdan] CP-2002-3, Robert Duane of Hole Montes, Inc. representing Bill and Mary Grant and Naples Gateway Land Trust, requesting an amendment to the GGAMP to expand the Pine Ridge Mixed Use District by 3 acres, and to modify allowed uses in the District by adding 80,000 s.f. of retail uses, for property located in the NE quadrant of Pine Ridge Road/Livingston Road, in Section 7, T49S, R26E. [Coordinator: Glenn Heath] CP-2002-4, D. Wayne Arnold of Q. Grady Minor and Associates and Anthony Pires, Jr. of Woodward, Pires and Lombardo, representing Bryan Paul et al, requesting an amendment to the GGAMP to modify the.Rural - Settlement Area District to allow an increase in dwelling units, for property located on the east side of Immokalee Road, the north side of Randall Blvd., and b~ected by Oil Well Road (zoned Orangetree PUD). .[Coordinator: David Weeks] go CP-2002-5, Robert J. Mulhere of RWA, Inc., representing Brian Mansour of Woodfield Builders, LLC, requesting an amendment to the FLUE to allow the Affordable Housing Density Bonus to be applicable to 55 acres in the Urban Residential Fringe Subdistrict, located in Section 23, T50S, R26E. [Coordinator: Jean Jourdan] CPSP-2002.6, Comprehensive Planning Section staffrequesting amendments to the Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map and Map Series, primarily as result of recommendations from the GGAMP Restudy Committee. [Coordinator: Glenn Heath] Fo CPSP-2002-7, Comprehensive Planning Section staff requesting various amendments to the Future Land Use Element and Future Land Use Map and Map Series. [Coordinator: David Weeks] Ho CPSP-2002-8, Comprehensive Planning Section staff requesting various amendments to the Immokalee Area Master Plan and Future Land Use Map. [Coordinator: David Weeks] CPSP-2002-9, Comprehensive Planning Section staff and Public Utilities Division staff requesting various amendments to the Potable Water Sub-Element of the Public Facilities Element. [ Coordinator: David Weeks] CPSP-2002-10, Comprehensive Planning Section staff and Public Utilities Division staff requesting various amendments to the Sanitary Sewer Sub-Element of the Public Facilities Element. [Coordinator: David Weeks] [N°te: CP'2002,2 is being held from the-:hearing as it is RUral Fringe related] 9. OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC AGENDAFLO/2.120/03 2 February 20, 2003 Pledge of Allegiance was recited with Chairman Abernathy calling the meeting to order at 8:35 AM. Chairman Abernathy reminded that anyone from the public that wishes to speak will be given 5 minutes and needs to fill out the form in the hallway and present it to the Planning Dept. There is a County Ordinance - those that represent someone else for pay, is a lobbyist and must register with the County for a small fee. 2. Roll Call was taken - a quorum was established. The newest member is Mr. Brad Shiffer o Addenda to the Agenda - Mr. Strain asked to make a comment about the Agenda. He showed everyone the packet the Commissioners received. He received his on Saturday and estimated 500-600 pages of which he read. He read the advertisement that was in the Naples Daily News describing the Document he referred to. It says: The purpose of the hearing is to consider a recommendation on Amendments to the Growth Management Plan. Specifically to the land use element and the future land use maps and the Golden Gate Master Plan and the Golden Gate future land use map and a recommendation for transmittal to the Florida Department of Community Affairs. The Resolution Title is as follows: Mr. Mark Strain mentioned the ad reiterated those languages, and in the title it mentions there are a potable water sub-element and a sanitary sewer element as well. He went through the packet and found they are dealing with an Amendment dealing with a rezoning of 18 acres from Agricultural to heavy C-5 Industrial for Storage areas and Sub-Contactor Trades. There is a recommendation to rezone Estates to 80,000 sq. feet commercial - a recommendation to change and spread density over a large settlement area in the northern part of the County, including commercials and public areas, - a recommendation to establish affordable housing from 83 units to 523 units near Rattlesnake Hammock Road. Also Amendments to the Golden Gate Master Plan involving rezoning Estate zoning to multiple commercial areas within Golden Gate Estates that will effect existing neighborhoods. They also have the Facilities Management Group recommending computational changes in the potable water, sewer and potable waste water elements. Those changes will drive those facilities used in the future to multiple millions of dollars. His concern is that everything he just mentioned is not spelled out in the legal advertisement and that the public should have received and read. They should know more about what is happening in their neighborhoods and could have been at the meeting to discuss the issues as well as the business community involved. Because of his concerns, he asked the Board to consider not hearing Agenda Items "A" through 'T' today. 2 February 20, 2003 Mr. Strain expressed this is the same problem the Board has seen for a long time. They have asked, begged and pledged for everyone to do this process differently and nothing has happened. They have 600 pages to read in a matter of 5 days and now dealing with items that have not been properly advertised to the public. Those that are affected by the items mentioned are not in attendance, and may want to be. Mr. Russell Budd supported and reinforced Mr. Strain's comments. He feels they have not had sufficient time to review the large volume of information. Last Monday was a legal holiday and many spent it with families such as him. He was unable to give it the review and attention it should have. He has made many requests of staff to receive their packets and information in a reasonable time frame such as 10 days to two weeks. H e i s astonished t he room i s not packed; t here a re a 1 ot o f important issues before them. Mr. Dwight Richardson stated he felt the same as his fellow Commissioners. They are looking at Growth Management changes being very important leading to the Land Development Code. This is support for actions an applicant may want to take. They all have merit and should be carefully considered. He doesn't feel they can do a conscientious job for the way it is presented. Mr. Paul Midney looked at many of the items that related to Golden Gate and the Golden Gate Master Plan and felt the Golden Gate Master Plan Committee as a group should go through these items - Mr. Strain mentioned they had gone through them. Some of their meetings were standing room only and some of the recommendations were changed drastically. The neighborhoods should have been re-notified - or an advertisement in the paper informing them these are not dead issues. Mr. Ken Abernathy stated when reviewed earlier he made a note under his "Chairman's Report" -- "worthless ad". ...... they had been promised by staff that the ad would be expanded so the public would be more informed of what was happening at the meetings. Marjorie Student - Assistant County Attorney - Marjorie stated there is a difference between legal sufficiency and a policy issue. Mr. Strain has raised a policy issue. Thc planned amendments have bccn advertised historically element by clement as they do division titles for the Land Development Code and not rewrite the whole plan in thc ad. She stated Future Land Uses says a lot and that there will be some changes in our County. Mr. Strain has made a good point and needs looking into. Another point she wants to make is; they are not adopting the items through the process yet - it's at the transmittal stage - it has to go to DCA for review, back to the Planning Commission and then the Board of County Commissioners. The law does not restrict the County from being more descriptive in their advertising. Mr. Richardson asked Jo e S chmitt i f some o f t he information could h ave come t o them over the past year in a more timely fashion rather than all at once. 3 February 20, 2003 Mr. Schmitt responded "yes" and that they have one Growth Management Cycle a year. Some of them have been around for approx. 10 months. If the Planning Commission wants to continue these items, staff will look at re-advertising and be more descriptive. It will push the Cycle further back on the calendar. It is a transmittal to DCA and will go to the BCC on March 25th. Mr. Russell moved Items 8A through 81 be rescheduled to a future date to be determined by more public advertising. Seconded by Mr. Strain. Stan Litsinger - Planning - stated by the time they do another ad and assemble everything it would be 6 weeks. Mr. Schmitt said the staff is involved in many other Growth Management activities and stated as Mr. Litsinger did that it will take 10 days for just the ad itself. He will contact the applicants and their planning schedules; he will look at his calendar, the public hearings and scheduling of the room. Discussion followed on timing, schedules and informing the public. The motion carried unanimously 8-0. A suggestion was made to meet more frequently to move the process along. 9. OLD BUSINESS: - None 10. NEW BUSINESS: - None 11. PUBLIC COMMENT: - None 12. DISCUSSION OF ADDENDA: - Already discussed. Mr. Litsinger informed the Commission they are permitted under Growth Management Statutes 9J11 to have two transmittals per year. They have to transmit them at one time or twice in one calendar year. Discussion followed on getting the Amendments to DCA as a transmittal and planning looking at it in different pieces. David Weeks - Planning - he feels staff can accommodate the Commissions request. The 4th Friday in April every year is the transmittal deadline. After the Amendments are submitted, they re required to go through sufficiency review. They could, as each individual application becomes sufficient, get the necessary copies to the Commission for review. Joe said they could get the information in piecemeal and take 2 or 3 segments. 4 February 20, 2003 A letter in the Commissioners packet was discussed as to why it was there. Discussion from Mr. Weeks concerning the letter was held. Mr. Schmitt informed the Commission there will be a Workshop after their regularly scheduled meeting on March 20th. He also discussed the sign ordinance. Mr. Weeks asked the Commissioners to hang onto their notebooks and any revisions will be provided to them. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:20 AM. COLLIER COUNTY PLANNING COMMISSION Mr. Kenneth Abernathy, Chairman