CCPC Minutes 11/06/2003 RNovember 6, 2003
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PLANNING COMMISSION
Naples, Florida, November 6, 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
Lindy Adelstein
Paul Midney
Kenneth Abernathy
Brad Schiffer
Robert Murray
George Evans
ALSO PRESENT:
Joe Schmitt- Comm. Dev. & Environmental Services
Ray Bellows- Planning Services
Marjorie Student- Assistant County Attorney
Patrick White- Assistant Country Attorney
Fred Reischl- Dept. of Zoning Land Dev. & Review
David Weeks- Planning Services
Page 1
AGFa'DA
COLLIER COUNTY PLANNING COMMISSION WII.L bflm'T AT 8:30 A.M., THURSDAY, NOVEMBER 6, 2003, IN
THE BOARD OF COUN2~ COMMISSiONE~ MEETING ROOM, ADM]NISTRATION BuB,r~ING, COUNTY
GOVERNMENT ~R, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE.' INDIVIDUAL SPEAKERS W~I. BE LIMITED TO $ MINUTES ON ANY ....
ITEM. INDIVIDUALS SF.J~CTED 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 INCLUDF. D
IN THE CCPC AGENDA PACKETS MUST SUBMrr SAID MATERIAL A
MINIMUM OF 10 DAYS PRIOR TO THE RESPEC'ITVE PUBLIC HEARING, IN
ANY CASE, WRITH~ MATERIALS INTENDED TO BE CONSIDERED BY THE
CCPC SHALL BE SUBIVlYFI'ED TO THE APPROPRIATE COUNTY STAFF A
MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING, AIJ.
MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC Wu.I_. BECOME A
PERMANENT PART OF THE RECORD AND WIIi. BE AVAILABLE FOR
PRESENTATION ~ THE BOARD OF COUNTY COMMISSIONERS IF
APPLICABLE, "'-
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF T[~ CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAy NEED TO ENSURE THAT A VEJiBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDF. S THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASF. D.
NOTE: The public should be advised that two (2) n~mbers of the Collier County Planning
Commission (Dwight Richardson and Bob Murray) are also members of the Community
Character/Smart Growth Advisory Committe#. 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.
2.
3.
4.
5.
6.
7.
8.
PLEDGE OF Ar J.~.GIANCE
ROLL CALI. BY CLERK
ADDENDA TO ~ AGENDA
APPROVAL OF MINUTES - SEPTEMBER 18, 2003 AND OCTOBER 2, 2003
PLANNING COMMISSION ABSENCES
BCC REPORT- RF. CAPS- OCrOBER 14, 2003
CHAmMA1TS REPORT
ADVERTISED PUBLIC HEARINGS
PUDA-03.AR-4008, C. Laurence Keesey, of Young, van Assenderp,. Vamadoe & Anderson, P. A.
representing Waterside Shops at Pelican Bay Trust and WCI Communities, hc., requesting a
rezone from "PUD" to "PUD" Planned Unit Development known as the Pelican Bay PUD for the
purpose of amencl/ng the PUD document to reallocate 170,343 square feet of approved, but not
yet constructed and uncom~tted commercial use (consisting of 161,945 square feet of office and
· 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. This
relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square
feet of office space within units. This petition will also reduce the approved number by 800 units,
to a new maximum of 7,800 residential dwelling units. The property to be considered for this
rezone is located in the Northwest quadrant of the intersection U.S. 41 and Seagate Drive, at 5555
Tamiami Trail N., in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8,
and ~,'Townsii~p 4-) South. Range 2.5 'Fais~ Collier CoUnty, Florida and consisting o~ 2,104 acres,
(C°ordinator:T~ay Bellows) COMPANION ITEM DOA-2003-AR.4777) (RF~CI~DULED
TO NOV. 20
DOA-2003-AR-4777, Cveorge L. Vamadoe and C. Iamrence Keesey, Esq., of YoUng, van
Assenderp, Vamadoe & Anderson, P.A., representing Waterside ShOlm at Pelieam i~y Trust,
requesting an amendment to the Pelican Bay Development of Regional Impact (])RI) to relocate
170,343 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 nuber residential
dwellings by 800 units to a new quadrant of the intersection of Tamiami Trail (U$-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)
(RESCIt~DULED TO NOV. 20Tit)
C. PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc. and Richard D. Yovanovich,
Esquire, of Goodlette Coleman & Johnson, representing Eco Venture Wiggins Pass Ltd.
requesting to rezone a 10.45 acre parcel from C-4 to a Residential Planned Unit Development to
be known as "Coconilla" PUD to' allow for:. a maximum of 112 residential units on 47- 9.65 acres
of residential development area for a resulting density of 11.6 dwelling units per acre,
specifically including a 102 unit tower at a building height not to exceed 21 stories over parking
(maximum of 225 feet above the required Flood Elevation and in accordance with the provisions
of Section 2.6.3.1 of the Collier County LDC), 10 town home units, and a mo_rina basin with 52
boat slips and customary accessory uses, including a publicly accessible ship's store and marine
fueling station of approximately 5000 square feet of commercial space; and, a 47- 0.80 acre
Public Use tract providing for additional public vehicle and boat trailer parking to provide:
support for Cocohatchee River Park, access to the marina ship's store, and egress to Vanderbiit
Drive for park patrons to allow for safe egress via a protected northbound turning movement at
existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on
Vanderbilt Drive, at the western terminus of Wiggins Pass Road in Section 17, Township 48
South, Range 25 East. (Coordinator:. Fred Reischl)
D. DOA-2003-AR.3911, William R. Vines of Vines & Associates, Inc., representing R.S. Hardy of
Tollgate Commercial Center, requesting an amendment to Development Order 97-2, for the
purpose of extending the life of the DevelOPment Order from December 30, 2002 to December 29,
s2u0~7ecSt°,r~a~t d~e.~l~p_m_.e_n~t .°f.,the..re~g und. eveloped sites may continue to completion. The
~ t, t~-~, ~,c~tte:o m me ~oumeast quam'ant of 1-75 and Collier Boulevard, in Section 35,
Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Robin Meyers))
2003 GMP Amendnaent
CPSP-2003.4: .
2
~' Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal
Agreements adopted in May 2003 by the Collier County School Board and the Board of County
Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future
school sites and school support facilities; referencing a map of existing school and school support
facilities in the FLUE support document; and, identifying zoning districts which allow and which do
not allow school and school support facilities.
~ Amending the FLUM Series to add new maps depicting sites upon which schools and school support
- ~-hit~es are. locate~, at~ dep~ctiag undeveloped sites for future schools and school suppoit facilities.
P Amending the Intergovernmenca/Coordination F, lement (ICE) to refer to the two Interlocal
Agreements adopted in May 2003 between the Collier County School Board and the Board of County
Commissioners.
?> Amending the Golden Gate Area M.~ter Plan to reference the two Interlocal Agreements adopted in
May 2003 between the Collier County School Board and the Board of Cotmty Commissioners and to
cross-reference the FLUE and ICE policies and FLUM series.
?~ Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in
May 2003 between the Collier County School Board and the Board of County Commissioners and to
cross-reference the FLUE and ICE policies and FLUM Series.
[Coordinator: David Weeks]
CPSP-2003.$, Petition requesting text amendments to the Goals, Objectives and Policies of the Future
Land Use Element and the Recreation' and Open Space Element in order to incorporate the Community
Character/Smart Growth principles adopted by the Community Character/Smart Growth Advisory
[Coordinator: David Weeks]
CPSP-2003-6, Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the
amendment of the goals, objectives and policies of the County's Conservation and Coastal Management
Element and the Future Land Use Element to establish the Manntee Protection Plan (MPP).
[Coordinator: Darren Murphy]
CPSP-2003-7, Petition requesting the adoption of a new Economic Development Element including
goals, objectives and policies to the Growth Management Plan.
[Coordinator: David Weeks]
CPSP-2003.8, Petition Requesting amendments to the Capital Improvement Element (CIE), Transportation
Element, and Future Land Use Element to revise Transportation Concurrency Management policies to
establish a real time checkbook concurrency management system; to establish two (2) Transportation
Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMAs within the Urban
Designated Area on the Future Land Use Map (I=LUM); to establish a Transportation Concurrency Exception
Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLU'M;
and to add policies providing for fairshare developer contributions to the Multimodal Transportation Work
Program of a TCMA when directly impacting a deficient road segment.
[Coordinator: Stnn Litsinger]
CPSP-2003-9, Petition requesting change to Overlays and Special Features of the Land Use
Designation Description Section of the Future Land Use Element, to certain noise contours as
previously changed by Land Development Code amendment on Sune 14, 2000.
[Coordinator.. Marcia Kendall]
9. OLD BUSINESS
10. NEW BUSINESS:
11. PUBLIC COMMENT ~
12. DISCUSSION OF ADDENDA
13. ADJOURN'
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November 6, 2003
Chairman Russell Budd called the meeting to order at 8:30 AM.
Pledge of Allegiance was recited.
Mr. Budd read into the record Mr. Murray & Mr. Richardson are also
members of the Community Character Smart Growth Advisory Committee.
In regards to matters coming before the Planning Commission may also come
before the Community Character Smart Growth Advisory Committee from
time to time.
He requested speakers to make competent and credible testimony to the Planning
Commission for recommendations. Not intended to be a dialogue between the
Developer, petitioner and the members of the public. Comments should be
directed to the Planning Commissioners.
2. Roll Call was taken and a quorum was established with Mr. Midney & Mr.
Schiffer being absent.
Addenda to the Agenda
- Added "Update on Vanderbilt Overlay" under "Old Business".
Mr. Bellows announced Items 8A & 8B are continued to the November
20th meeting.
Mr. Strain moved to approve the Agenda as amended. Second by Mr.
Adelstein. Carried unanimously 7-0.
Approval of Minutes - September 18, 2003 and October 2, 2003
Last page - Election of Officers - the last motion should read that Mr.
Adelstein was elected for Secretary and not two motions hanging.
Mr. Adelstein moved to approve the September 18, 2003 minutes as
amended. Second by Mr. Richardson. Carried unanimously 7-0.
Mr. Strain asked if anyone has received copies of the presentation by Mr.
Reynolds as stated on page 5 of the October 2nd meeting. The
Commissioners have not received to date, but was told by Mr. Bellows they
have them and will pass them out.
Mr. Abernathy moved to approve the minutes of October 2, 2003. Second by
Mr. Strain. Carried 7-0.
Mr. Schiffer arrived at 8:35 PM.
Mr. Midney arrived at 8:40 PM.
Planning Commission Absences - Calendar of Upcoming events -
Wednesday, November 12th - 5:05 PM - Eastern Lands (Held in
Chambers)
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e
November 6, 2003
Thursday AM, November the 13th - 8:30 AM - Held at Dev. Services on
Horseshoe Drive - Conference room A1 & B 1. Continuation of first
meeting.
It had been decided a second hearing would be held if there were
reservations by a particular item by the members.
Mr. Strain moved they plan and schedule two hearings on the Eastern
Lands and all amendments in the second Cycle and some be scheduled at
regular scheduled times during the day and not just at 5:05 PM.
Second by Mr. Murray. Carried unanimously. 9-0.
· The 12th - Eastern Lands Amendments. (5:05 PM)
· The 13th - (8:30 AM) all day session to continue with the Vanderbilt
Beach Overlay and Cycle 3 Amendments.
· The 17th, 2:00 PM if needed. (Chambers)
· The 20th is a regularly scheduled meeting (8:30 AM) plus Rural Lands.
· The 24th - if needed. (5:00 PM)
· The 1st of December - if needed.
Mr. Richardson-not available for November 17th-2:00 PM or Dec. 1st PM.
Mr. Abernathy- not available for November 17th- 2:00 PM.
Mr. Adelstein - may be late on November 17th - 2:00 PM.
Report - Recaps - October 14, 200
The BCC approved the Conditional Use for Jerry Neal for earthmining and
the Spinelli Rezone from Agriculture to RSF-4 - unanimously.
Mr. Patrick White - Assistant County Attorney - wanted it clarified on their
dates and times for advertising for the 2nd hearings.
Mr. Murray moved to hear the 2nd hearing of the Land Development Code
Cycle 3 Amendments on November 20th at 8:30 AM.
Second by Mr. Midney.
Any portion of that meeting can be rescheduled.
Carried unanimously 9-0.
Chairman's Report - none
Advertised Public Hearings -
Items A & B are continued.
a. PUDZ-2002-AR-3158, Robert Muihere, AICP of RWA Inc. and
Richard D. Yovanovich, of Goodlette, Coleman & Johnson,
Eco Venture Wiggins Pass Ltd. Requesting to rezone a 10.45 acre
parcel from C-4 to a Residential Planned Unit Development to be
known as "Coconilla" PUD to allow for: a maximum of 112 units on
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November 6, 2003
+/- 9.65 acres of residential development area for a resulting density
of 11.6 dwelling units per acre, specifically including a 102 unit tower
above the required Flood Elevation and in accordance with the
provisions of Section 2.6.3.1 of the Collier County LDC), 10 town
home units, and a marina basin with 52 boat slips and customary
accessory uses, including a publicly accessible ship's store and marine
fueling station of approximately 5000 square feet of commercial
space; and a +/- 0.80 acre Public Use tract providing for additional
public vehicle and boat trailer parking to provide: support for
Cocohatchee River Park, access to the marine ship's store, and egress
to Vanderbilt Drive for park patrons to allow for safe egress via a
protected northbound turning movement at existing traffic signal at
Wiggins Pass Road and Vanderbilt Drive for property located on
Yanderbilt Drive, at the western terminus of Wiggins Pass Road I
Section 17, Township 48 South range 25 East.
Ex-Parte Communications - Mr. Strain disclosed numerous e-mails and meetings
with the applicant and his representatives, North Bay
Civic Group and persons from Vanderbilt Beach.
Mr. Budd, Mr. Murray, Mr. Midney and Mr. Schiffer all
had the same.
Those testifying were sworn in by Mr. Budd.
PETITIONER
Rich Yovanovich - Goodlette, Coleman & Johnson representing the Petitioner -
introduced his team from Ecogroup and others.
He wanted everyone to focus thc discussion on what the alternatives arc for the
development of that particular parcel of property. It is zoned C4. They are requesting a
conversion to a Residential PUD. Marina is closed, if the Residential petition is not
approved, the zoning will stay at C4 and everyone will hear what the alternative
development can be. A quality development, but not a Marina.
A lot of misinformation on websites on what is, and what is not, being proposed was
given:
Not proposing to develop a Trieste.
No fresh water spring on property
· Boat docks will not be imposing on traffic in Wiggins Pass - will be dredging
and not extending boat docks into thc Pass.
They are:
· Taking 10.45 acre parcel zoned C4 and requesting a rezone to Residential PUD
with 112 Units adjacent to County Park.
· Adjacent to Pelican Isle (Residential Community)
Adjacent to Cocohatchee puD (Residential Community)
Adjacent to Cocohatchee Residential Pod within the development.
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November 6, 2003
· Asking for under 11 units per acre.
· Proposing a Public Fueling Station - revenues to County.
· Providing a Ships Store open to Public.
· Providing public parking on property to allow County Parks parking to increase
for boat trailers - increase publics ability for boat launching.
· Providing 52 Wet Slips
· Additional Mangroves - replanting and recreating.
The Counties Comprehensive Plan has many goals and objectives, adopted in 1989 and
wanting development commercial to be in the activity centers. They included a density
bonus conversion factor for an incentive for isolated commercial parcels to go away.
Density Bonus of 0-16 units per acre. Incentive applies on this property. Majority is in
the Coastal High Hazard area. The tool of density bonus has been made available to
convert commercial property to residential when not in an activity center. It is a range
from 0-16 units per acre, they are asking for under 11 units per acre for the incentive to
convert.
The hurricane evacuation time in that part of Collier County - Level of Service is 18
hours. The evacuation model calculates 9.5 hours with their project. They are not
threatening the adopted level of service and consistent with the Comprehensive Plan.
The Counties Comp Plan with the density bonus conversion factor has been submitted to
the Department of Community Affairs on many occasions and found their plan to be in
compliance with Rule 9J5.
Staff reviewed petition and determined conversion to residential makes sense. It is a
reduction in traffic and intensity of use in the area.
Addressed Conservation and Coastal Areas: · 3-2 vote recommending approval from the EAC (Environmental Advisory
Committee). Needed a vote of 5 for official recommendation.
· Have an ECO Management and Manatee Plan and addressed every issue
regarding environment on the property.
· Higher standard for Residential over Commercial from a pollutant standpoint.
· Providing water dependent and water related uses.
Held many meetings with neighborhood, North Bay Civic Assn. and many other
Homeowners Associations. They have committed to mitigation - includes
contributing to the County $1M towards buying boater access within a defined area
which is Vanderbilt Beach Road South, Bonita Beach Road north, the Gulf of
Mexico West, and US 41 to the East. They are not diminishing beach access. They
will mitigate for the loss of beach access and fund the permitting and construction as
a dock that will be used as a beach shuttle for Lely Barefoot Beach.
_Ed Oelschlae~er - Ecogroup - gave a history and overview of his involvement in the
community and projects they have done in the past. To name a few; Barefoot Beach
Club, Pelican Isle, Sanibel Golf Village, and projects on Longboat Key and North
Redington Beach. He is proud of their vision for the future and reputation. The
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November 6, 2003
healthiest estuary comes through residential zoning. They have tried to debate the
pros and cons, but sometimes difficult due to some of the rumors and falsehoods. A
rumor has been noted that the owner, if the petition is denied, would bring another
marina, which is completely false as Mr. Oelschlaeger has a Contract and will
perform under those terms.
Chris Oelschlae£er - Vice President - Ecogroup - A power point presentation was
given of an overview of the issues for the Commissioners:
They are proposing a high level of benefits as well as lifestyle and character.
· They are considering the implications of residential versus commercial.
· Public water access is a concern.
· Public/Private Partnership mitigation with the County to enhance the beach
and water access.
· $1M in funding for a Dock & Boardwalk at Lely Barefoot Beach. (Shuttle)
· $1M mitigation fund - increase boat & car parking & across the street.
· Allow County Park to expand parking onto their property. County will decide
best way to deal with it.
· Another 50 parking spaces created.
· Cleaner water and soil.
· Healthier Manatee and Eagles.
· Increase in Tax and other Revenue for Collier County
· Commercial uses would produce the most traffic - residential less traffic in
and out of tourist season.
· Pollution concerns - propose to eliminate and clean up poisons/metals and the
carcinogens. Higher standards for residential clean-up over commercial.
· Views and aesthetics were discussed.
· Professional architecture and native plants will be used.
· Not the only high rise in the area. (Gave & showed different views of the area)
· Public/Private partnership given again with added fuel sales, ships store and
other projects.
· Complex decision.
Robert Mulhere - RWA - has worked with staff, neighbors and public in general
addressing their concerns. The plan has been revised over the 18 month period. PUD
allows for a 20 story building with number of floors necessary for parking underneath.
Designated as urban residential sub-district. Error on map and when corrected, property is
within the Coastal High Hazard area.
There are some conflicting policies in the Comprehensive Plan. He discussed the density
bonus and public expense within infrastructure within the Coastal High Hazard. They
agree with the staff report.
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November 6, 2003
The maximum density bonus units would be 13 dwelling units per acre, equating to a
total of 16 - they did not ask for 16. Staff is suggesting, take the 13 dwelling units and
split them in half- 6.5 units plus the base of 3 equaling 9.5 dwelling units. Their
methodology is not much different from the staffs - they took the bonus and asking for
10. 7 units or the 112 units.
He discussed the site plan and showed the parking area, ship's store, landscaping and set-
backs.
C4 Zoning District typical uses are Hotels, Office, Retail, Restaurants and other uses that
are less likely could be; Fuel dealers, home improvements stores and sports arenas.
Some marketable uses in developing a shopping center could be a Publix, waterfront
restaurant, drug store, convenience store with gas and car wash and an office building of
75'.
Setbacks shown on the visualizer.
Cocohatchee PUD to the north is 20 stories for maximum of 200 feet. Building height
shall be the vertical distance measured from the first habitable finished floor elevation to
the upper most ceiling elevation of the structure. It is not measured for this PUD as the
County Code requires be measured in general. Their PUD will be measured according to
the Collier County Code.
In conclusion he mentioned there are two issues - one is the compatibility with the
Comprehension Plan, and they are compatible and consistent in every manner. The staff
report was well done and found there are some conflicts in the Comp Plan, but they are
consistent in the conversion bonus, asking for slightly under 8 units per acre.
Secondly the site design is more compatible than an alternative use on the site.
- Executive Vice President of Architectural firm in Tampa
e covered the various other projects they have been involved in. They bring a sense of
beauty, order and place to the environment. He discussed design, heights, setbacks,
landscaping and views with placement.
Project has 112 units, 102 in main tower, 3,175 to 4,100 square feet in size with 6 units
per floor. Marina Promenade there is 10 marina villas with approx. 3,800 square feet.
This is a high end luxurious project. Two parking spaces per unit minimum with
additional guest and boat trailer spaces. Building height is 225 feet from the base split
elevation - 229 from grade and 260 feet to the tallest highest tip of the building. He
compared it with the Trieste.
_Thad Kirkpatrick - Attorney - Cohen and Griggsby - representing the owners of
Wiggins Pass Ma~'ina Property - he stated:
* Owners have a history & concern for community.
· Owner's intentions: private marina property is closed and no present intention for
any use other than the proposed plan being presented. If denied, the highest and
best use will be commercial other than a marina.
· Owner owned property before Growth Management Plan was adopted.
· Personnel within planning department who were present when the GMP was
approved, have voiced the commission knew at the time of adoption there could
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November 6, 2003
be instances to convert commercial to residential property within the High Hazard
area and encouraged the possibility.
· Personnel believed the density incentives to convert residential within future land
use element should be the over arching element.
· Owners have a right to rely upon what the GMP provides.
· A result that would deny the owners what the GMP actually encourages for the
property is unfair and inconsistent with what the government scrutiny and public
meetings and citizen input have all culminated in the adoption of the GMP.
· Compatible with the neighborhood and will create and provide economic benefits
for increased boating and increased access to the gulf.
10:20 AM - BREAK
10:32 AM- RECONVENED
Mr. Murray asked questions of the Petitioner concerning height restrictions, uses and
the validity of residential being more or less valuable than commercial.
Also - The hurricane evacuation is based upon a model.
- The shuttle is donated by the County. (Easement discussed)
The eagle does not reside on their property - it is 1,500 feet away. They are
going through a permitting process through US Fish & Wildlife and the Corp.
of Engineers.
If not approved and a restaurant is built, there would be boater slips and docks.
Only 90 feet would be available.
Mr. Schiffer asked about why the environmental clean-up is different for residential
compared to Commercial.
Joe Tucker - MacTech Engineering - responded the State has adopted risk based
guidelines for the clean-up of soil contamination. A site for residential has a higher risk
of people of contaminants, therefore different standards. One of the contaminants on the
said property is copper in soil. She read from her report on the parts per million that they
are concerned about for residential and not commercial.
Mr. Schiller also asked about the parking into the entrance of Wiggins Pass.
Mr. Mulhere responded there has been no final geometry design yet. Staffhas concerns
about stacking and only has a conceptual plan. Dialogue continued concerning the
Master Plan with 3 tiered towers the stories, height and location for each tier. There is
one level of parking scheduled.
Bob Hall showed on the visualizer the containment of the parking and elevations.
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November 6, 2003
Mr. Midney expressed his concerns of the Coastal Management Plan - and wondered
why the Planning Commission had not been given any letter of recommendations from
any of the Agencies such as the FL Fish & Wildlife Service.
Mr. Yovanovich responded they are still going through the permitting process and do not
have the final agency determination as to the biological opinion they are going to issue.
The comments are in the plan and state they "shall be bound by" whatever the US Fish &
Wildlife and Army Corps. of Engineers say they have to do.
Mr. Midney felt it minimized the role of the CCPC as a citizen's advisory group and
need to have the benefit of their recommendation.
Mr. Schrnitt responded that those types of permits come after the rezoning and are part
of the SDP approval process. No local development order can be issued with out the
permits. The rezoning takes place with the permitting process possibly taking a year.
Mr. Midney asked why the Ecogroup is planning for wet storage and not dry storage.
Mr. Oelschlaeger stated that people who purchase luxury condominiums typically would
not want boat storage facilities located on their property and are inconsistent and not
compatible with residential for aesthetic reasons.
Mr. Adelstein discussed the density bonus and wondered if they arrived at the 8 units per
acre because of profitability. Discussion followed on the density bonus and the
economic viability - Mr. Oelschlaeger stated he cannot do 6 units per acre. They have
made many concessions to get where they are now and if not approved, will be
commercial.
Ray Bellows asked everyone to look at page 11 of the staffreport. They calculated the
density to help protect residential communities from pre-existing commercial zoning.
(Outside the Activity Center) They came up with 9.5 units and Ecogroup is asking for
10.7 units.
Mr. Abernathy was interested in the ownership of the property. The answer was it is
conditional on rezoning, but if not rezoned Ecogroup still has the option to purchase the
property or walk away from it.
Mr. Abernathy is also concerned about the Coastal High Hazard area and conversion of
density bonus.
Mr. Richardson asked about the Eagle and the Environmental Report. He read from the
report about the height of the tree. The height of the building is to be limited to the
height of the tree with the eagles nest. These have all been related to the Departments for
the permitting.
Chris Oelschlaeger - they have focused on the biological issue of the Eagle and nesting
season. The issue is not to cause the birds to abandon the next, but failure to have a
productive nesting season. They consulted with Linda White from the Florida Audubon
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November 6, 2003
and other experts. The Manatee is far more threatened and endangered and will benefit
more by the project. They are concerned in regards to both the Eagle and Manatee. They
are going to hold an educational seminar for the workers. A lengthy discussion pursued.
Mr. Richardson asked Mr. Mulhere about a calculation - .45 submerged - included in
calculations - he understood in Collier County they passed Ordinances that excluded
submerged lands from density calculations. If it is not based on the Uplands, they need to
recalculate it. They will correct the numbers.
Mr. Oelschlaeger does not have the authority to agree to the reduction of density, but
Mr. Pranzo does and can speak to it.
Mr. Kirkpatrick clarifies that the Commissioner is asking to agree to the density that the
staff is recommending. They will calculate the numbers and get back to them..43 acres
needs to come out.
Mr. Richardson also asked about the information on Hurricanes.
Barbara Kreschone talked about the model they developed, adding the total number of
units to the model and had run it again. In that scenario, the evacuation was not changed.
It included the number of units projected to the year 2005.
Zoning re-evaluation was discussed. A map was shown on the visualizer. It showed the
whole County is subject to flooding. Conversion for commercial was discussed and in
order to convert commercial they would need a higher density than the base of 4. That is
a base unit of 4 units per acres. The areas are treated differently because they are
different making the evacuation times different. A category I and tropical storms were
discussed.
Mr. Strain mentioned the adjacent zoning being talked about and the compatibility with
other projects. He asked several questions concerning the zoning, building heights and
density of the surrounding areas. He didn't think they were compatible with densities in
that area. The GMP refers to gross density and calculations for PUD's.
Mr. Mulhere answered it does in calculating density - but not in compatibility. He
referred to the site plan for Cocohatchee PUD. Mentioned the submerged lands, golf
course and wetlands. He stated the project is compatible with the residential
development to the north.
Mr. Strain talked about the reason for conversion of commercial zoning was to get rid of
the slip Zoning. There was dialogue between Mr. Strain and Mr. Yovanovich concerning
the conversion to commercial, the density bonus and RMF 16, development standards,
setbacks and PUD's compared to a straight rezone.
Mr. Strain asked about the categories of hurricane storms and the evacuation areas which
are two (175 and 846) in which are a level of service "F". He quoted parts of the Land
Development Code.
Page 10
November 6, 2003
Mr. Stain stated there are conflicting errors in the Growth Management Plan. They need
to be corrected. Discussion followed on recreating mangroves, traffic flow patterns and
reductions, parking, park use, maintaining easements, boat slip sizes and boat trailer
parking spaces being up to 21.
STAFF
Fred Reisehl - Dept. of Zoning Land Development & Review - their analysis found
the PUD is compatible with surrounding properties. Building height does provide from
transition from Pelican Isle to the future Cocohatchee Bay height. Found consistent with
GMP. Decided to get objective in a subjective area and gave both components of the
GMP equal weight. Thus the density of 9.5 units per acre. If not to give both
components equal weight, they rely on the Commissioners.
David Weeks - Comprehensive Planning Dept. - the density rating system, density
bonus, is applicable to the entire property. As a marina, it could be a commercial or
water related use - a portion of the property is marina use but an accessory to the
fimction to the property as a residential use. The residential density is based upon the
entire acreage of the property.
Thinking of it and treating it as marina use, made more sense to Mr. Richardson.
Further discussion followed on the marina, slips utilized to the public and unit owners
and density.
Maria Ramsey - Parks & Rec Director. - Page 6.7, Element 6.17 - Provisions for
enhancing public beach access and water access for boaters and enhancement facilities at
the Cocohatchee Park was addressed. Some of the other issues addressed were:
· Barefoot Beach Boardwalk and dock facility- could have conflict with how
much the public will utilize the facility and might take away some control on
capacity. Would like that particular statement struck dealing with the above.
· 6.17D - Boat parking lot area - would like to have money up front, instead of at
the end of the CO's.
· Park should be owned by County and not Developer if it is truly going to be a
park.
· 16.17B - clarification on the overhead cost profits for fueling station being related
to the gas related element state.
· Egress from the Park accessing the light - concern of people using the park as a
shortcut to the light - traffic needs to be addressed.
· Ships Store - access will be through the park and been addressed.
Mr. Murray supported 6.8 - In perpetuity issue.
Mr. Schiffer asked about the tram or boat shuttling issue. Ms. Ramsey stated there is
nothing in place at this time but looking to the future through contract.
Marjorie Student - Assistant County Attorney - as part of the Coconilla PUD she has
not been given the language 6.17 for review for legal sufficiency. She had a concern
Page 11
November 6, 2003
about Item B - legal strictures on how the County can get funds from individuals, such as
taxes or impact fees. She would need to know what they are for. She would need to do
some research. If profits are paid to the County, she needs to know what they would be
used for. Ms. Ramsey responded "General Fund Revenues". Ms. Student had a legal
concern about that issue.
Mr. Richardson is very concerned whether the Parks & Rec would be able to go ahead
with the projects in their master plan if they did not have the funds from the development.
Ms. Ramsey responded they would be building them and looking for other funding
sources. She stated the PUD is consistent with the GMP and the boat access report,
recently approved, but wanted to let the Commissioners know what issues they are
concerned about.
Mr. Murray asked about the State Audubon Society concerning the Eagles and
wondered if staff had any familiarity with the intended plan presented to them.
Barbara Burgeson - Environmental Services Planning - a meeting with the
Developer a few months ago, had stated there would be some additional conditions
incorporated into their Bald Eagle Management Plan. Barbara had not spoken with the
Audubon Society directly. The Counties recommendations were to use the guidelines as
written to construct below the height of the nest and outside nesting season. Language in
the GMP would accept modifications, so if the US Fish & Wildlife Service gave
modifications, they would have to find it consistent with the GMP.
She does accept the plan as it "will" be amended. The changes will be paragraph two of
the Collier County Society letter.
Mr. Adelstein calculated the average of the density in the surrounding area as 3.83.
12:13 PM - LUNCH
1:17 PM - RECONVENED
Being there are many speakers, discussion was held on the time limit for speaking.
Mr. Adelstein moved to limit 3 minutes for each speaker and 5 minutes those
representing an Organization. Second by Mr. Strain. Carried unanimously 6-0.
SPEAKERS
Those s eakers "su ortin "the Residential Rezonin and comments:
Ann Frees - 410 Eden Bay Dr.
Maintain integrity of thc area and safest option.
JoAnn Johnson -325 Steerforth Ct.
Carolyn Bracci - 3334 Steerforth Ct.
Keeping uniformity. Minimal traffic. More traffic if commercial.
John Findley- 912 Adelphi Court
Page 12
November 6, 2003
Hazmet responder - working with safety issues in the County. Supported the hurricane
report, the Manatee Plan and boat ramp having adequate spaces.
Joe Moreland - Vanderbilt Drive - Pelican Isle
Represented himself and 400 members of Pelican Isle, other residents and many from the
Yacht Club. Fiduciary duty to Collier County.
John Lawrence - 435 Dockside Drive - Pelican Isle
Impressed with Developer exceeding expectations.
Lesley Brookman - 435 Dockside Drive - Pelican Isle
Financial tax benefit. Concerned about traffic on Vanderbilt Dr. if commercial.
Don Neal - 425 Dockside Dr. - Pelican Isle
Experience with Developer - exceeded expectations.
Felix Jarczyk - 10310 Gulf Shore Dr.
Should not be commercial.
Sylvia Neal - 425 Dockside Dr. - Pelican Isle
Wonderful plan. High esteem for developer.
Ben Briskey- 4236 Crayton Road
Asset to County.
Mike Pevelen - 435 Dockside Dr. - Pelican Isle
Pamela Peveleu - 435 Dockside Dr. - Pelican Isle
Enjoy the wildlife and water. Supports the setbacks and views.
Carl Redfield - 425 Dockside Dr. - Pelican Isle
Look at overall benefits to entire community - tax dollars & environment. Density issue
shouldn't be calculated the way it is.
Jay Greenland - 425 Dockside Dr. - Pelican Isle
Uncomfortable for commercial and losing taxes.
James Owens Sr. - 435 Dockside Dr. - Pelican Isle
Supports tax base and density bonus.
Todd Kendall - 9851 Clear Lake Circle
Benefits - the need for increase of Public access, waterways and beaches.
Linda Roosa - 255 Barefoot Beach Blvd.
Need more public access to beaches.
Brooke Hornbeck - 5039 Seashell Avenue.
Need more beach access and Ecogroups projects are exceptional.
Joseph Miller, Jr. - 445 Dockside Dr. - Pelican Isle
State funded money into the County will be tighter & this project will generate funds.
Kevin Kellilea - 623 Coral Drive
Standards for residential higher than commercial.
Josephine O'Connor- 349 Steerforth
Safety of neighborhood.
Those speakers in "opposition" of the Residential Rezonin~ and comments:
Bonnie Karkut - 945 Carrick Bend Circle - North Bay Civic Assn. -Tarpon Cove
Protect lives by limiting thc density along the coast. Provide water access to thc public.
Page 13
November 6, 2003
Has petition with 1,200 signatures. Read the petition. Concerns were Growth
Management Plan, water, environment, eagle nest, manatees, FL outstanding waterways,
dredging, zoning, damage from hurricanes, 4 units along the coast and national hazard.
Donna Reed Caron - 790 Wiggins Bay Dr. - President of Homeowners & member
of North Bay Civic Assn. & member of the ECA.
Doesn't meet criteria. Building height - asking for 3 times what is allowed on property.
No zoning height in Collier County over 100 feet, developer is asking for 260 feet.
Entitled to 75 feet. Concerned about the eagle and eagles nest. Wrong project for piece
of property.
Doug Fee - 921 Corriek Bend Circle - President North Bay Civic Assn.
Too massive for neighborhood. Height not suitable. Density not compatible with
neighborhood. Irresponsible to destroy views. Conversion to Residential Bonus not
appropriate. Eagles will be driven from area. Concerns of parking spaces. Read letter
from WCI Communities dated 1996.
Sally Barker- 141 West Street- Chairman Property Owners Assn's. Of North
Collier Co.
Voted unanimous in opposition. Objects to size and mass. (260 feet) Activity Centers
are a problem with traffic today. Nothing wrong with neighborhood commercial.
Mary-Lou Eaton - 654 Wiggins Lake Dr. -Wiggins Lakes & Preserves
Pelican Isle residents knew a marina existed on property adjacent of purchase. Purchased
boat to keep in dry storage - residents losing a marina.
Harold Eaton - 654 Wiggins Lake Dr. -Wiggins Lakes & Preserves
No place for boat access.
Mimi Wolok - 1112 Trailten Drive - Attorney representing Estuary Conservation
Assn. Development going in right direction. Positive environmental aspects to project.
ECO Management Plan violates GMP and inadequate. Bald Eagle Nest is an issue.
Building height a problem. Need to be away from nesting etc. Ignoring guidelines and
management plan. Quoted many policy sections from the GMP concerning the
environmental issues with the Bald Eagle.
Tom Reynolds - 330 Emerald Bay Circle
Registered professional engineer in state of Ohio. Showed elevation views of 2
buildings. Measured setback -316 feet. Cross Section- unsuitable for property.
Francis McDermott - Wiggins Lakes
Felt there was a threat from developer, if don't do residential it will be commercial.
Could be equal venture to save Marina. Need more ramps and boat access.
Gary Edson - 14592 Glen Eden Drive - Chairman Transition Committee
Represented homeowners and gave many quotes from them why they opposed the
zoning. No high rises on Vanderbilt. Keep integrity of beaches.
Dick Maekin - 356 Emerald Bay Circle
Showed photos of the Eagles nest. Speaking on behalf of 216 residents. Construction of
high rise would be bad for the Bald Eagles. Require open & clear flight to nesting sites.
Heights objectionable to the birds and are territorial. Spoke with Linda White - she is
not in favor of the project.
Brad Cornell- Audubon society
Page 14
November 6, 2003
Opposed to any approval of a project that would require construction during nesting
season or above the height of the nest in protecting eagles. He gave several stipulations if
the project goes forward and to follow the County guidelines.
Rail Brookes - Former Assistant County Attorney - from Sarasota County and
Land Use Litigation Attorney for Monroe County - Read an article concerning water
front access and boat slips and the Wiggins Pass Marina. Florida is vanishing waterfront
slips. Development is inconsistent with the Growth Management Plan. Quoted Policy,
discussed 4 units per acre, tropical storm maps, mangroves, hurricane situations and
setbacks.
John Hickey - 811 Reef Point Circle - Represents 356 owner/residents on Beach
Walk on Vanderbilt Road
Petitions, e-mails and letters were written and submitted. Needs a Marina. Does not
need more vertical construction. Needs the US Fish & Wildlife study before making a
decision. Oppose deep draft dredging because of the Mangroves. Concerned with height
and keep to 75 feet and 4 units per acre.
BJ Savard-Boyer - 479 Palm Court - President Vanderbilt Beach Property Owners
Assn. (1,200)
A lot of money is being offered to the County to permit the rezone and money to provide
for more beach and boating access. Tired of high rises, impacting the densities and
eliminating views.
Tom Gardella - 764 E Valley Drive
Opposed to rezone as proposed due to the height issue and will ruin the character of the
area. Showed pictures of views.
Joe Connelly - 10633 Gulf Shore Drive - Director of Vanderbilt Beach & Bay Assn.
Supports the North Bay Civic Assn. Trying to protect their neighborhoods. Need beach
and boat access. Keep Wiggins Pass in private hands, expand the boat launch, parking
and run a shuttle. Building should be 75 feet from crown of road to tippy top of the
building.
Chris Carpenter - 123 Conners Ave. - Naples Park Assn. Civic Committee (250)
Supports North Bay Civic Assn. Opposed rezone for all reasons stated by previous
speakers.
3:15 PM - BREAK
3:25 PM - RECONVENED
Rich Yovanovich - agreed to staffs calculation of density. Overall evacuation time in a
category 3 storm for the County is 22 hours. The Comp Plan requires 27.2 hours.
Clarified:
· Are not loaning the county parking spaces, the easement will be a perpetual
easement.
Linda White did attend the EAC hearing and was in favor of the project and in
favor of the construction controls they plan on doing and implementing for
protecting the eagle.
Benefits of Project Summary:
Reduction in vehicle Traffic.
· Cleaner water and soil.
· Healthy Manatee & Eagle
Page 15
November 6, 2003
· Views will be enhanced.
· Property Tax will be recalculated.
· Impact fees
· Will work with staff on the fuel Revenues
· Beach & Boat access mitigated
· Good neighbor with County Park
· Not threatening -just reality that it will be commercial if not residential
· 9.5 units per acre -with reduction of density - will be 2 less floors
Discussion on residential ownership and slips available took place. The size of the slips
is 35 to 55 feet.
The Hearing is closed for motion and discussion.
Mr. Adelstein moved that PUDZ-2002-AR-3158 be forwarded to the Board of
County Commissioners with recommendation of approval, subject to the following
conditions: 8.2 units per acre, 12 stories over 1 parking floor and must comply with
recommendation with the Fish & Wildlife and subject to the staff's
recommendations. Second by Mr. Murray.
Height would be 140 feet with 83 units.
Mr. Strain stated he would not support the motion because: - No allowance for density increase to justify GMP
- No compelling public need other than the benefit of the property owner and
surrounding property owners.
- Elements of the GMP in violation are: Policy 1.3.2, 1.3.3, 7.1.2(2), 7.1.2(3),
7.1.4, 10.1.1, 10.1.3, objected 12.1 of the CCME, Policy 12.1.2, 12.2, 12.2.2, all
of the CCME, the future land use element page 6 VII & IX, future land use
element page 22, Item A, future land use element page 36 IV, V, VII A(1), future
land use element page 38, VII & IX, Item 6, fi~ture land use element page 38 Item
B (1) and Land Development Code Section 2.7.3.2.5.(1).
Most refer to the density provisions referenced to the growth in the coastal high
Hazard area. Federal Wildlife Permit not received, and water dependent uses.
Mr. Richardson discussed the tax base, quality of life, and preserving the quality of life.
He felt the people that live there should have a louder voice than the Planning
Commission. They have found compromises and should give them a chance.
Mr. Midney felt they need the report from Fish & Wildlife to aide their deliberations.
The Eagles are an amenity and goes against this project. It was stated they should go by
factual rather than political and felt it was political, what height and density are the
people comfortable with. Stated the Planning Commission has a right to say what height
conditions they are comfortable with.
Marjorie Student - Assistant County Attorney - wanted to remind the Commissioners
that this is a quasi judicial matter and not political and governed by the criteria of the
Page 16
November 6, 2003
Comprehensive Plan and Land Development Code. Under density rating provisions - up
to 16 units is not an entitlement. Need to look at compatibility and consistency with the
criteria in the Land Development Code. It is set forth in two places for PUD rezones and
for rezones generally. They are listed in the staff report. That's the criteria that this
needs to be decided upon.
Mr. Budd commented the 12 floors don't make sense, but that is the petitioner's
problem. He stated this is an adequate and appropriate compromise. He disagrees with
Mr. Schiffer they should preserve the commercial Zoning in the area, and disagrees with
Mr. Strain as this is the least impact with the best benefit to the community.
Motion fails 3 (for) Budd, Murray & Adelstein - 6 (against) Strain, Richardson,
Midney, Evans, Abernathy, Schiffer.
Mr. Strain moved to recommend denial of PUDZ 2002-AR-5158 "Coconilla PUD"
for the reasons previously sited. Second by Mr. Richardson.
Carried 6 - 3 (those voting "no" Budd, Adelstein & Murray)
b. DOA-2003-AR-3911 - William R. Vines & Assoc., Inc. representing R.
S. Hardy of Tollgate Commercial Center, requesting an amendment
to Development Order 97-2, for the purpose of extending the life of the
Development Order from Dec. 20, 2002 to Dec. 29, 2007 so that
development of the remaining undeveloped sites may continue to
completion. The subject property is located in SE quadrant of 1-75 &
Collier Blvd in Collier County, FL.
Ex-Parte Communications - none.
Those testifying were sworn in by Mr. Budd.
PETITIONER
Mr. Vine - application to extend the life of a development order for the Toll Gate
Commercial Center. Is in development stage and a few sites still owned by Developer
ready to be utilized when sold. Some have been sold and not been put to use. As of Dec.
of 2002 the order expired - in order to extend it, they filed an extension and need action
on the application. No change is proposed but to modify the life of the development
order to add additional time to complete the development of the project.
There are approximately 30 sites on the property and about 6 available. 1990 it was sold,
additional acreage added and 1992 the old Alligator Alley road was abandoned. The
abandoned right-of-way was acquired by the toll gate owners. 1997 the initial order
development expired and expanded to 2002.
Marjorie Student reminded the Commissioners this is an extension of a DRI
Development Order, not a PUD. The PUD had not been advertised.
Page 17
November 6, 2003
Being a DRI - it gets approved by the State and the Region - they have zoning and the
lots are platted. If they can't use them, there would be issues.
STAFF
Robin Meyer - Principal Planner - has been reviewed by the State and the Regional
Planning Commission and has been approved.
Mr. Strain brought to his attention the Development Order created was not included in
their packet. He wondered if the elements of the Development Order have been resolved.
Mr. Meyers responded they have been monitoring and part of the PUD monitoring
process. Last years monitoring report was in his possession. They have been
consistently meeting all their standards per their PUD.
Don Scott - Transportation Planning - the TIS was produced by the Regional Planning
Council. He has not seen the final TIS. Transportation improvements couldn't go
forward unless those below standard were brought up to standards. Many are
programmed in the next year or two, either through the major widening projects or
intersection improvements of 951 and Davis. His interruption is they are subject to
concurrency for development through the Site Development Process.
They have met their requirements to date. The ASI will be addressed as the development
goes forward and addressed with the Planning Commission.
Mr. Strain asked that Mr. Scott review and verify everything before the BCC meeting.
A funding mechanism for an affordable housing improvement program in January 1,
1994, was never enacted for paying impact fees for affordable housing.
(Mr. Midney left at 4:00 PM)
Mr. Strain moved to recommend approval of DOA-2003-AR-3911 subject to
transportation confirming that the elements of the Development Order have been
met prior to the BCC hearing. Second by Mr. Murray. Carried unanimously 8-0.
The Growth Management Plan petitions are continued.
Russell Webb -Comm. Development & Environmental Services - the LDC
Amendments - passed out the Rural Fringe/Eastern Lands packet.
He asked they consider hearing the LDC Amendments first at their November 20th -
regular scheduled meeting as they will have outside consultants in attendance.
Old Business:
Vanderbilt Beach Overlay
Page 18
November 6, 2003
Mr. Strain moved to direct staff to sit down at a meeting with people involved in
the Vanderbilt Overlay and try to work out compromising language that the
parties can agree to. Second by Mr. Adelstein. Carried unanimously 8-0.
Marjorie Student stated this is a procedural matter rather than a subjective matter.
10. New Business:
Updating, with time requirements, in the packets for the Planning
Commissioners was discussed.
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 4:15 PM.
COLLIER COUNTY PLANNING COMMISSION
Chairman Mr. Russell Budd
Page 19