CCPC Minutes 02/19/2004 RFebruary 19, 2004
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, February 19, 2004
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 (Excused)
Paul Midney (8:40)
Dwight Richardson
Kenneth Abernathy
Brad Schiffer
Robert Murray
George Evans (Absent)
ALSO PRESENT: Joe Schmitt-Community Dev. & Environmental Services
Ray Bellows - Planning Dept.
Marj orie Student - Assistant County Attorney
Kay Deselem- Dept. of Zoning & Land Dev. Review
Michele Mosca - Dept. of Zoning & Land Dev. Review
AGENDA
COLLIER COUN'I~ PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 19, 2004, 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 TI-IE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TI-IE
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.
2.
3.
4.
5.
6.
PLEDGE OF ALLEGIANCE
ROLL CALL BY CLERK
ADDENDA TO THE AGENDA
PLANNING COMMISSION ABSENCES
APPROVAL OF MINUTES - JANUARY 15, 2004
BCC REPORT- RECAPS - JANUARY 27, 2003 REGULAR MEETING AND THE JANUARY 29, 2004 LDC
MEETING.
CHAIRMAN'S REPORT
ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS
SV-2003-AR-4652, The Greater Naples Chamber of Commerce Inc., represented by Richard D. Yovanovich, Esq.
of Goodlette Coleman & Johnson, P.A., requesting a variance from LDC Subsection 2.5.5.2.5.2, that allows one wall
sign for each single-occupancy parcel with single roadway frontage, to allow two existing wall signs to remain after a
copy change for .43 acres located at 3620 Tamiami Trail North, further described as Gulf Acres Subdivision, Lot 4,
Block B, and the north 75.5 feet of the west 50 feet of lots 75 & 76 of Naples Improvement Company's Little Farms,
in Section 22, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Michele Mosca)
Bo
RZ-2003-AR-3703. Immokalee Church of the Nazarene represented by William L. Hoover, AICP, requesting a
rezone from the "P" Public Use zoning district to the "CF" Community Facility zoning district for property located at
the southwest comer of the intersection of Colorado Avenue and 4'~ Street South in Immokalee, Florida in Section 4,
Township 47, Range 29, Collier County Florida. This property consists of 1.55 [] acres. ('Coordinator: Kay Deselem)
(COMPANION TO VA-2003.AR,4708)
Co
VA-2003-AR-4708. lmmokalee Church of the Nazarene represented by William L. Hoover, AICP, of Hoover
Planning & Development, Inc., requesting a variance from LDC Section 2.2.19.4.3.1., in the Community Facilities
"CF" zoning district, from the 25 foot minimum front yard setback to allow a 10.1:1: foot setback for an existing
covered sidewalk, and a 20.1+ foot setback for the existing building located at the southwest comer of the
intersection between Colorado Avenue and 4th Street South in Immokalee, in Section 4, Township 47 South,
Range 29 East, Collier County, Florida, consisting of 1.55 + acres. (Coordinator: Kay Deselem) (COMPANION
ITEM TO RZ-2003-AR.3703)
Do
PUDZ-2003-AR-4528, Kevin Ratterree, General Partner of GLH Development, L.L.L.P., represented by Robert L
Duane of Hole Montes, Inc., requesting a rezone from a Planned Unit Development zoning district to a Planned Unit
Development (PUD) district to be known as Terafina PUD, for the purpose of eliminating the golf course tracts,
reconfiguring the land use tracts, updating the transportation commitments and revising the development standards in
Table I of the PUD. This petition will not change the currently approved 850 residential dwelling units. The property
to be considered for this rezone is located approximately one mile north of Immokalee Road, East of the "Quail
Creek" subdivision and North of the "Olde Cypress PUD", in Section 16, Township 48 South, Range 26 East, and
consists of 637 acres. (Coordinator: Ray Bellows)
PUDZ-2003-AR-3764, Michael R. Fernandez, AICP, of Planning Development, Inc., representing John $. Nevins, for
the St. John the Evangelist Catholic Church, requesting a rezone from Planned Unit Development (PUD) to
Community Facilities Planned Unit Development CFPUD, for a 14.89± acre project known as St. John the Evangelist
PUD. The applicant is amending the schedule of uses by deleting the Adult Assisted Living Facility use and changing
the status of several other uses from principal uses to accessory uses. The property is located at 625 1112 Avenue
North, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem)
9. OLD BUSINESS
10. NEW BUSINF_~S
1 I. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
02/19/041 CCPC AGENDA/RB/lo
February 19, 2004
1. Chairman Russell Budd called the meeting to order at 8:30 AM and Pledge of Allegiance was
recited.
2. Roll Call - A quorum was established with Mr. Adelstein excused, and Mr. Evans and Mr. Midney
absent.
3. Addenda to the Agenda - None.
4. Absences - None.
5. Approval of Minutes -January 15, 2004
Mr. Schiffer moved to approve the January 15, 2004 minutes with the corrected "side-yard
setback of 6 & 12" instead of the "5 & 10". Second by Mr. Richardson. Carried unanimously
6-0.
BCC Report-Recaps-January 27, 2003 Regular Meeting and the January 29, 2004 LDC
Meeting.
- January 27th regular BCC meeting Model Home Extension - approved.
- Coconilla - recommended for denial - 3-2 vote - no majority.
- Marjorie Student - Assistant County Attorney stated it could be reconsidered
and would go back to the BCC, but not the Planning Commission.
~ The Nigel Craig PUD was continued indefinitely until they can work out things
more closely with the Community.
7. Chairman's Report - None
8. Advertised Public Hearings:
A. SV-2003-AR-4652 - the Greater Naples Chamber of Commerce Inc.,
represented by Richard D. Yovanovich, of Goodlette Coleman & Johnson., requesting a variance
from LDC Subsection 2.5.5.2.5.2, that allows one wall sign for each single-occupancy parcel with
single roadway frontage to allow two existing wall signs to remain after a copy change for .43
acres located at 3620 Tamiami Trail North, further described as Gulf Acres Subdivision, lot 4,
Block B, and the north 75.5 feet of the west 50 feet of lots 75 & 76 of Naples Improvement
Company's Little Farms in Collier County, Florida.
Disclosures - Mr. Budd disclosed that he is the Chairman of the Board of the Greater Naples Chamber
of Commerce, and being it is only a volunteer position he is still going to file the 8B Memorandum of
Voting Conflict and recluse himself in which Mr. Strain will conduct that part of the meeting.
Ali those testifying were sworn in by Mr. Strain.
Other Disclosures - None.
(Mr. Midney arrived at 8:40 AM)
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February 19, 2004
PETITIONER
Rich Yovanovich - representing the petitioner - Showed on the visualizer location of the property on
US41 - east side. Property and building is very narrow and long. Two signs are now located on the
building identifying the Naples Area Chamber of Commerce. It has changed its name to the Greater
Naples Chamber of Commerce. Need to revise the text on the sign. The Code allows one wall sign on
the building. They are not eligible to a pole sign so are requesting a variance to allow the two wall signs
to remain. Staff recognizes the Chamber of Commerce serves a public purpose for everyone in the area.
Mr. Abernathy stated it seems there is a "perceived" need to change the sign. He didn't see a need at
all to change the sign with only one word, being the same Chamber of Commerce.
Mr. Yovanovieh responded in order to have the accurate name they have to have the text variance to the
sign. They wish to keep the two signs on the building and change it to the correct name of the
Organization. Believe there is a hardship and they meet all the criteria of the Petition. There is no
zoning code violation or has not received any violation from the County.
Mr. Budd noted a ground sign would require removal of the hedges and shrubbery at the edge of the
sidewalk.
STAFF
Michele Mosca - Dept. of Zoning & Land Development Review - only comment she had was that it
be limited to the tenant only.
Discussion followed on signs for shopping centers and more than one tenant. Michele displayed a
picture of the sign and location of property with neighboring sign.
Hearing was closed for motion and discussion.
Mr. Abernathy moved to forward Petition SV-2003-AR-4652 to the Board of Zoning Appeals with
recommendation of approval. Second by Mr. Murray. Carried 6 -0 with 1 abstention. Mr. Budd
abstained. Motion was approved with staff proviso limited to the present.
B. RZ-2003-AR-3703 - Immokalee Church of the Nazarene represented by William L.
Hoover, AICP, representing a rezone from the "P" Public Use Zoning District to the "CF"
Community Facility Zoning district for property located at the southwest corner of the
intersection of Colorado Ave. and 4th Street South in Immokalee Florida. This property consists
of 1.55 acres. (COMPANION TO VA-2003-AR-4708)
Those testifying were sworn in by Mr. Budd.
Disclosures - None.
PETITIONER
Bill Hoover of Hoover Planning representing the petitioner - Immokalee Church of Nazarene.
Church is requesting to rezone 1.55 acres in Immokalee and gave the location. This is from public use
February 19, 2004
to community facility zoning with only request in that district for churches. 12,500 square foot existing
facility was occupied by Florida Dept of HRS - and clarified that the maximum of 220 people referred
to would be the maximum seating availability in the sanctuary during a church service. Two services of
220 each would be acceptable. Structure was built in a different zoning district so requesting two set-
back variances from 5th street south. That is only a sidewalk and a drainage canal with no traffic.
Church needs an 11.9 foot variance for the front yard set-back for an existing covered sidewalk roof
overhang. The roof overhang can be 10.1 feet back instead of 22 feet. Need variance for building also.
Need a 4.9 foot variance so the building can be 20.1 feet.
The Companion Item to RZ-2003-AR-3703 will also be heard.
C. VA-2003-AR-4708 - Immokalee Church of the Nazarene represented by William L.
Hoover, AICP, of Hoover Planning & Development, Inc. requesting a variance from LDC
Section 2.2.19.4.3.1., in the community Facilities "CF" zoning district, from the 25 foot
minimum front yard setback to allow a 10.1+/- foot setback for an existing covered
sidewalk and a 20.2+/- foot setback for the existing building located at the southwest corner
of the intersection between Colorado Ave and 4th street south in Immokalee, in Collier
County, Florida consisting of 1.55 + acres.
Disclosures - none.
Those testifying were sworn in by Mr. Budd.
Mr. Hoover finished and took questions.
Mr. Murray asked about the sidewalk on 5th street with the drainage canal - if it could ever become a
street. It is not a physical street.
Parking with buses was discussed.
Mr. Strain asked if Mr. Hoover had given the Master Plan Committee a copy of the rezone etc. Mr.
Schmitt stated Glenn Heath or John David Moss could be contacted. Mr. Hoover had no problem taking
it to them before going to the BCC.
Mr. Strain did not have the site plan in his packet. Kay Deselem passed them out.
STAFF
Kay Deselem- Principal Planner/Dept. of Zoning and Land Development Review - staff has
reviewed the petitioners request and provided an analysis and recommending the rezone petition be
deemed consistent and compatible and recommend approval. Several conditions were addressed and
recommended approval of the variance with condition that limits the variance.
Mr. Murray is anticipating the needs and concerns about the number of buses and spaces not being
adequate.
Kay has addressed the parking facility stating they are thinking more of a van type vehicle rather than a
large bus. After a lengthy discussion, Kay reminded everyone this is a rezone and not an SDP plan.
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February 19, 2004
Kay also stated the variances are limited to the existing structure as shown on the site plan. To other
uses, petitioner has agreed to limit the use to a church or house of worship. Any extended uses would be
ancillary to that.
Mr. Abernathy asked to substitute the word "participants" not to exceed 220 persons.
Mr. Schiffer wonders if they should be asking for a landscaping variance as the site plan does not have
the proper buffers.
Kay responded the site plan is for informational purposes for the zoning and not an SDP plan. The
parking has been approved as a separate parking agreement.
Ray Bellows - Planning - stated they are dealing with the pre-existing structure and the code requires
landscaping be brought up to code where feasible. Not a new structure.
Mr. Hoover stated the parking requirements are based on seating inside the house of worship.
Hearing was closed for motion and discussion.
Mr. Midney moved to approve companion Item RZ-2003-AR-3703 subject to staff conditions.
Second by Mr. Strain. Carried unanimously 7-0.
Mr. Midney moved companion item VA-2003-AR-4708 be forwarded to the Board of Zoning
Appeals with the recommendation of approval with the 220 persons referenced in the staff report
be applied to the seating capacity and not any other facility. Second by Mr. Strain. Carried
unanimously 7-0.
BREAK 9:25 AM
RECONVENED 9:35 am
D. PUDZ-2003-AR-4528, Kevin Ratterree, General Partner of GLH
Development L.L.L.P., represented by Robert Duane of Hole Montes, Inc. requesting a rezone
from a Planned Unit Development zoning district to a Planned Unit Development district to be
known as Terafina PUD, for the purpose of eliminating the golf course tracts reconfiguring the
land use tracts, updating the transportation commitments and revising the development standards
in Table I of the PUD. This petition will not change the currently approved 850 residential
dwelling units. The property to be considered for this rezone is located approx. One mile north of
Immokalee Road East of the "Quail Creek" subdivision and north of the "Olde Cypress PUD"
and consists of 637 acres.
Disclosures - Mr. Strain had an e-mail with a resident from "Olde Cypress".
All those testifying were sworn in by Mr. Budd.
February 19, 2004
PETITIONER
Robert Duane - Holes Montes & Assoc., - the project was previously approved by the CCPC and the
BCC several years ago. They are in agreement with the staff report. He briefly summarized the changes
to the PUD Master Plan:
· Eliminating the Golf Course
· Filling in area with residential pods depicted on the Master Plan.
· Incorporated a cross section into the PUD Ordinance to provide for additional separation to the
neighbor to the south "Olde Cypress".
· Eliminated a swale on their side of property and provided better screening and buffering than the
LDC does. (more trees and wall)
· Shared flow-way.
· Developer's contribution agreement with BCC to extend Logan Blvd. from Vanderbilt Beach
Road to Immokalee Road for exchange of impact fees. Logan will be extended to the north by
Parkland.
· Limited commercial development - Collier County utilities wanted sites for well fields and
incorporated into the PUD for three sites.
· Landscaping and wall treatment on the other side of Logan Blvd. adjacent to Longshore Lakes.
· 850 Dwelling units - 1 unit per acre. Below the limits of the Comprehensive Plan which is 4
dwelling units per acre.
Mr. Kevin Ratterree - Vice President with GL Homes & developer of the Terafina Property-
(Satemia Falls) gave revisions, deviations and agreements reached with neighborhood communities.
· Monetary contribution for intersection improvements for Immokalee and Oaks Blvd. - $500,000
· Talked about the Logan Blvd. section - agreed to build Logan south of Immokalee to Vanderbilt.
· Had been asked to mitigate to adjoining community. Held many meetings and entered into a
separate agreement with Longshore Lakes. When Ronto proceeded to construct the road they
would upgrade landscaping on the left side of the right-of-way as a community buffer to
Longshore Lakes.
· Agreement with Old Cypress in reference to the cross section. The buffer provided on Olde
Cypress side was 15 feet. Proposed a 15 foot buffer on their side. Combined a 30 foot buffer in
place of the two 15 foot buffer. Will construct 6 foot wall, berm and slope with staggering trees
20 feet on center. Talked about the hedging, palms and ground cover that is being planned.
· Wall - 6 foot - will appear higher with grade differential.
· Quail Creek - upgrade landscaping and buffering.
· The son of Mr. Hardy is a partner of Terafina.
Mr. Strain asked what portion of the project is vested. Mr. Duane responded - 850 residential units.
Under the public information meeting Mr. Strain asked about the traffic impact study. It is the one
between Terafina and Olde Cypress.
Mr. Strain asked if he had easements for the Landscaping and irrigation etc. Mr. Duane stated they
have an agreement with the Homeowners Assoc.
Mr. Strain addressed the deviation list and asked about the 35 foot wall.
Mr. Duane responded they would like to be able to construct something similar to Kensington. Mr.
Strain read from the LDC on the limitations.
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February 19, 2004
Language by staff on some conflicts was discussed. Mr. Duane talked about changing some of the LDC
requirements and ordinances.
Marjorie Student -Assistant County Attorney - stated language can be modified in provision saying
"should County adopt or implement an Ordinance - provides for such a program etc. etc ............ "
Mr. Richardson stated they have many developers that come in not using all the units per acre available
to them.
Mr. Duane is not aware of any developer that is committed to take the access density and make it
available to the County for affordable housing for the future.
Marjorie Student clarified that under the density rating system; the developer can get the number of
units asked for and come back later and ask for that allowable density, but he is getting what he is asking
for now.
Mr. Schiffer asked about the buffer with setbacks, if it was lot to lot. He asked Mr. Duane to explain
what their plans were around the recreation center.
Mr. Duane responded that due to the wetland areas around the project they were not able to provide the
required number of dwelling units.The gate into the property was discussed with the showing of the
Master Plan.
Mr. Schiffer referred to page 22 of the PUD Item #4 - add the word "door" after back of garage.
A sales center and models were discussed on their location and possibly a real estate office.
Mr. Ratterree explained within their recreation facilities for the residents they offer the opportunity for
commercial enterprises to come into the development. They capped it at 5,000 square feet for such
things as a hairdresser or bank etc. Only available to the residents within the PUD. Not allowed outside
the community. They do not nor will they allow rentals within the community.
Mr. Midney asked about the preserve area which is a flow way or water channel.
Keeping the levels in the lakes is done with the interconnecting of the lakes within the community to
have the ability of flow to get water off the property in event of a storm. Nature takes its course, but if a
significant drought, the lakes will drop in elevation.
Mr. Abernathy stated in the PUD there is a provision for cul-de-sacs being in length of 2,700 feet
which sounded like a dead end street. Mr. Ratterree responded it provides the residents larger lots and
they favor the cul-de-sacs. It is a huge market and cal de sacs are repeatedly asked for.
The original Master Plan was shown on the map and discussed.
STAFF
Ray Bellows stated the petition was reviewed by staff with comments and concerns expressed about the
village neighborhood center but agreed to the deviation. No increase in dwelling units so no increase in
traffic or transportation impact increases. The concept actually reduces the traffic with the people
staying in the development and not traveling on the outside roads. Environmental review recommended
February 19, 2004
approval. Changes are consistent and subject to the developer road construction agreement and
recommends approval.
Mr. Abernathy asked about checkbook concurrency.
Mr. Ratterree stated the developer contribution provides for the 850 units and are vested with traffic
concurrency and not subject to any modification to the traffic performance.
Mr. Schiffer asked if they could require certain functions in the commercial center.
Mr. Duane stated it is the option of the developer. Combined services and conveniences for the
residents will be structured within the community. The square footage would be used as recreational if
they found no vendors wished to make use of the footage.
Speakers not sworn in previously were sworn in at this time by Mr. Budd.
SPEAKERS
Rich Yovanovich - on behalf of Stock Development - developer of Olde Cypress - the agreement
mentioned earlier between developer of Olde Cypress and GL Homes - had been reached and will be
signed today.
Brad Cornell - Collier County Audubon Society - had concern about the eastern portion of the
development with the flow-way. There is more information available and the Army Corp of Engineers
has been looking at the hydrologic modeling and impacts of the flow-way. They have concerns the flow-
way will be damaging for the environments of the Cocohatchee watershed. The EPA is also raising
concerns - do not have permits on the Mirasol project yet.
Good opportunity of good interconnection of project with Parklands to the north. He understands the
questions about the cul-de-sacs. The internal commercial area with the recreation area is designed for
failure if only internal to the project. They are not successful and should be externally available.
Modeling for the flow-way was explained: · Designed to reduce historic water levels to Bonita Beach
· Some modeling suggested some blockages in some areas of the flow-way
· 4 projects are involved - Mirasol, Parklands, Olde Cypress and Terafina
Restoration, heavy impacts and no hydrologic data or evidence that they have higher than normal
staging in that area.
Impact with melaluca trees
· Need clear cut answers before permit is issued for flow way.
· One Question is what the nature is and extent of off site impacts that the flow way will have on
the wetlands in the area all the way back to Corkscrew Swamp.
Mr. Bellows mentioned petitioner is subject to future development orders and need to get permits from
SFLWM District. The agency is reviewing the plans now.
Mr. Budd appreciated Mr. Comell bringing the issues forward, but the rezone request before them
today is a separate issue and not part of the rezone consideration and authority.
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February 19, 2004
Mr. Midney asked if there are going to be impacts to the row of houses on the west side of the site or
will the roadway not impact it.
Mr. Ratterree answered it will impact the east property line. It will impact those houses and that is the
reason of the contribution for them to use in what they deem appropriate to their community.
They are encouraging interconnection.
Joe Schmitt said there were many joint meetings with the neighboring neighborhoods, staff along with
transportation and Commissioner Henning in regards to working out several issues with wall, access and
landscaping. The landscape maintenance agreement has been approved by the Board.
Bob Muihere (sworn in) stated there were many negotiations as far as the Parklands PUD. Many
entities were involved. Logan Blvd. will be constructed and are constraints along Olde Cypress with a
60 foot right-of-way. Beyond that the residents that live adjacent to the future Logan Blvd. extension
were concerned the road is limited to two lanes, not four or six. That functions and is the
interconnection. There would be no purpose served to provide an interconnection between the two
PUD$'.
Bud Grane - President of Olde Cypress Homeowners Assn. - he noted two problems:
When they are turned over from the developer, they will be ready to go forward.
1 - The Homeowners voted against truck traffic up Immokalee to the Terafina entrance. The dirt, dust
and noise factors are high - suggested another route be taken from the north end with heavy trucks.
They are getting the dirt and dust three blocks away.
2 - The south end of the Terafina project and south end of Olde Cypress - no obi ection to the wall and
plantings but would like to have single family residence or move entire area to a buffer preserve so the
people living in the two story homes, which are proposed across the south end of Terafina, would not be
looking down into the bedrooms of the people in Olde Cypress.
They would like to put a traffic circle in Treeline Drive and Logan Blvd. So a single lane can go
towards the Terafina area and one lane turn into Olde Cypress.
Carol Wilsey - Director of Olde Cypress Homeowners Council - not been turned over and Mr.
Yovanovich talked earlier on behalf with Stock - has an agreement with Mr. Stock - not with the
Homeowners. Not opposed to the wall and landscaping but issues with how the deal was obtained and
issues with the development.
There were meetings with the Homeowners Council and was asked if they would okay the wall and
landscaping would they not oppose the construction traffic on Logan. She and the Homeowners said
"no". She tried to find GL Homes an alternate construction route and was not successful. She talked
about getting permits, taking fill off site and no additional trucks. She has some contacts at the Army
Corps but nothing can be moved
any faster. She talked about a construction road built from Bonita Beach Road. They do not oppose the
850 units but questions the plan itselfi She showed the original PUD.
Carol discussed the landscaping and marketing and selling the properties. She gave examples of what
could be done. She suggested along the buffers there could possibly be an additional preserve area for a
softer streetscape, making the homes easier to sell. She also discussed the water levels during a drought,
opposing the additional construction traffic and trips per day. They fought Logan Blvd. to keep it to two
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February 19, 2004
lanes. They are asking for a round-about at the entrance to slow traffic down rather than speed bumps.
She also mentioned traffic lights.
Mr. Strain asked her about supporting the flow-way and letting the Army Corps know.
Other issues: - Traffic circle - county issue rather than a developer issue. Planning
Commission can't help with that issue.
Construction traffic through Lee County, they would have to come
through the Parklands to get to Terafina. Not a fair process.
Moving of the preserve - they are set by natural limitations of wetland
delineation lines established by South Florida Corps of Engineers.
- Limiting the buildings on the south property line to single story can be
asked of the developer.
Meggan Davis - Vice President of Board of Directors for the Longshore Lake Foundation - the
Board of Directors met in January and voted to support the applicant for his petition to amend the
original PUD. They support going from golf to lakefront. The Terafina is north of them and have found
them to be very responsive to their concerns and entered into a formal agreement. They will fund a
number of items to militate against the adverse effects of Logan Blvd. for their community. Some are
the 8 foot wall, landscaping and others. Their agreement with GL Homes is contingent on the counties
approval of the PUD and asked the Commissioners for their consideration.
Commissioner Tom Henning - (sworn in) - he has been involved in this project for some time.
Parklands had some vested right under their DRI to come through with project. Under that DRI they
needed to build Logan Blvd. He knew how it would impact Longshore Lakes and Olde Cypress. He
asked GL Homes to assist in the concerns of the residents and have worked out some of those concerns.
Construction traffic was discussed with Carol Wilsey. If it would be a golf course property it would be a
huge impact to the residents of Olde Cypress because of the use of the dirt being trucked in for the fill in
that area. They looked at other options, of which he covered, and would not work. He talked about
going through the flow-way of Mirasol and a lot of objections and not sure they could get an approval.
He cannot demand they come in from Lee County. He worked with everyone involved all summer and
had dealt with the concerns of the people in Collier County. No objections to the project, just
components "of" the project. He asked the Commission that the $500,000 for the improvements to
Immokalee Road and Logan Blvd. language be there to transfer the money for the improvements of
Logan Blvd. and between Vanderbilt Road and Immokalee as the DCA intended.
If they accept the project as is, and if staff would accept the buffering for Olde Cypress, they could
claim that as their 15 foot buffer. It would not be a financial impact on the residents as the developer
will pass the costs onto the residents.
Mr. Strain asked the applicant if they would have an objection to limiting the residential component on
the south side adjoining Olde Cypress to a single story.
Mr. Ratterree responded he would have a problem with that. These are residential homes adjoining
residential homes and they are providing a significantly larger and greater buffer required by the Collier
County Code. If it would be golf course, it would consist of one tree every 30' on center - no hedge and
some grass. They are proposing approx, a half million or three-quarters of a million dollars of landscape
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February 19, 2004
improvements. The objection to single homes - they are detached, zero lot line homes along south
property line. Zero lot line homes are predominantly two story homes. Two story homes sell
immediately, and the single story do not. Zero lot line homes are bigger and larger square footage.
That's why the increased buffer.
· The water issue - they are required to take the water on their property into their lake system and
discharge the water in accordance with south Florida Army Corps requirements. They cannot
discharge onto Olde Cypress.
· Traffic Circle - not responsible for traffic circle - issue with Collier County and Ronto.
· Truck Traffic - they are going to be short on fill if not the developer of the flow-way. Will be
250,000 cubic yards short. The fill will have to come from somewhere.
Mr. Schiffer asked if the developer would have a problem limiting their product to single family or
zero lot line along the boundaries at Olde Cypress. The single family homes were shown on the map of
Olde Cypress. The developer had no problem. Mr. Schifferstated if the developer will limit it to single
family or zero lot line detached, he is satisfied.
Mr. Richardson asked about the lakes.
Mr. Ratterree stated if the approval of the flow-way is granted by Army Corps, the first builder in gets
to pull the fill from the flow-way. Mirasol has the flow-way permit as part of their permit. Depending
upon what they do, will play into who gets into the flow-way first. If they are, and they take the fill,
they will get to meet their fill calculations.
Mr. Richardson would like to see some give on the deviation for cai-de-sacs. He would recommend
one should be connected.
Carol Wilsey had a question about the zero lot line widths. If the south portion is intended to be the
narrowest, is it not possible to swap out the wider ones that would give them more single story and move
the double story to another.
Carol also asked about the fill in the lakes and construction of the Bonita Beach Road and why they
can't use that road for their truck traffic.
Joe Schmitt stated GL Homes has an agreement to build a wall on the western side of Logan Blvd.
along Longshore Lakes and contribute to a noise study or wall on the eastern side of Logan Blvd. on the
Olde Cypress side.
Hearing was closed for motion and discussion.
Mr. Strain moved to make a recommendation of approval for petition PUDZ-2003-AR-4528
subject to the conditions of approval that have been incorporated into the PUD Documents as
otherwise described in the ordinance of adoption of exhibits there to with the following seven
stipulations:
1. Clarification of the fence deviation where references 35 feet is only at the entry way.
2. Correction to the language 5.2.8.5 in regards to the termination of uses in the
preserve.
3. A revised landscape berm shall be built as presented today not what is in their
packet.
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February 19, 2004
4. Notes to the development standard table #4 - add the word "door" after "garage".
5. That the $500,000 of commitment to improvements on 846 (Oaks Blvd.) can be
recommended to be used between - for improvements on Logan Blvd. between Vanderbilt road
and 846.
6. Allow the buffer that is being built, using some of Olde Cypress' property and some
of the Terafina property to quality for that portion that is in the Olde Cypress property as the
Olde Cypress' commitment to build their buffer.
7. At the south property line that fronts Olde Cypress to be used detached zero lot line
and single family homes only.
Second by Mr. Schiffer. Carried unanimously 7-0.
E. P[IDZ-2003-AR-3764 - Michael R. Fernandez, of Planning Development, Inc.,
representing John J. Nevins, for the St. John the Evangelist Catholic Church, requesting a
rezone from Planned Unit Development (P[ID) to Community Facilities Planned [Init
Development CFP[ID, for a 14.89+/- acre project known as St. John the Evangelist PUD.
The applicant is amending the schedule of uses by deleting the Adult Assisted Living
Facility use and changing the status of several other uses from principal uses to accessory
uses. The property is located at 625 11 lth Avenue North, Collier County, FL.
Disclosures - none.
All those testifying were sworn in by Mr. Budd.
PETITIONER
Mr. Fernandez stated this item was before the Planning Commission on January 15th with testimony
and they had recommended unanimously approval. Unfortunately the signage was not placed on the site
in a timely manner, thus the purpose of returning. Mr. Fernandez also stated he is the ultimate person
responsible for the placement of the signs.
STAFF
Kay Deselem - Principal Planner for Zoning and Land Development Review - her full presentation
of the staff report had been made at the previous meeting and the Planning Commission has the
supplemental staff report accompanying it. She recommends approval of the PUD Document and
recommendation remains the same.
Hearing was closed for motion and discussion.
It is appropriate for Mr. Schiffer to vote seeing he reviewed the previous package.
Mr. Strain moved to recommend they re-approve PUDZ-2003-AR-3764. Second by Mr. Murray.
Carried unanimously 7-0.
9. Old Business:
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February 19, 2004
Joint Meeting with the Board of County Commissioners has been scheduled for April
20, 2004.
Meeting that evening at 5:05 PM is minimal and recommended Mr. Midney didn't
have to attend if there is going to be a quorum.
The Amendment they will be addressing is on Beach Renourishment, 3.13.8.3.
Discussion followed on other issues that may be addressed.
Mr. Richardson wanted to remind everyone concerning the traffic congestion on the
roadways. He reinforced that they have Growth Management Cycle and Land
Development Code Cycle in which they agreed, (reluctantly on his part), to leave out
two months worth of traffic measurements on Level of Service standards. When they
first proposed it, they stated they needed some relief; otherwise they would go into
some moratorium on some building projects because the levels of service on the
roadways were in failure condition. They agreed to leave those two months out for
one year period. By leaving those out they were able to squeak those roadways into a
level "D", which was considered acceptable by the Board of County Commissioners.
When it came back this last time, he raised the question that now they have a new
system, and will take care of concurrency and brought back to the two years, etc.,
doesn't it now mean they can go back to the legitimate 12 month level of service
rather than leaving out the 150 hours for those two months that they are not looking at
in order to determine whether their networks are adequately sized. When it comes up
again, he wanted everyone to remember the congestion they are going through now
and can be repaired or remedied in the direction of going back to truth in advertising
in terms of measurements for their level of service.
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 11:30 PM.
COLLIER COUNTY PLANNING COMMISSION
Chairman Mr. Russell Bud
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