CCPC Minutes 05/06/2004 R
COLLIER COUNTY PLANNING COMMISSION
Board Room, 3 rd Floor
Administration Building
3301 Tamiami Trail East, Naples, Florida 34112
8:30 a.m. MAY 6, 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
a.m., in REGULAR SESSION in the Board Room, 3rd Floor, 3301 Tamiami Trail East,
Naples, Florida, with the following members present:
VICE-CHAIRMAN: Mark Strain
Members: Bob Murray
Brad Schiffer
Paul Midney
Lindy Adelstein
Dwight Richardson
Kenneth Abernathy
Absent: Russell Budd
Collier County Staff: Joseph Schmitt, CDES Director; Ray Bellows, Chief
Planner; Patrick White, Assistant County Attorney; Susan Murray, Current Planning
Manager; Kay Dese1em, Principal Planner; Mike Sawyer, Senior Planner; Cormac Giblin,
Housing Development Manager; Robin Meyer, Principal Planner, Russell Webb,
Principal Planner; and Michael DeRuntz, Principal Planner.
Page 1
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M.. THURSDAY. MAY 6, 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 PRP.~p.NTATTnl\J Tn 'rUe Drun"
COLLIER COUNTY PLANNING COMMISSION
Board Room, 3rd Floor
Administration Building
3301 Tamiami Trail East, Naples, Florida 34112
8:30 a.m. MAY 6, 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
a.m., in REGULAR SESSION in the Board Room, 3rd Floor, 3301 Tamiami Trail East,
Naples, Florida, with the following members present:
CHAIRMAN: Mark Strain
Members: Bob Murray
Brad Schiffer
Paul Midney
Lindy Adelstein
Dwight Richardson
Kenneth Abernathy
Absent: Russell Budd
Collier County Staff: Joseph Schmitt, CDES Director; Ray Bellows, Chie~
Planner Patrick White Assistant County Attorney; Susan Murray, Current Planmng
Manag~r; Kay Desele~, Principal Planner; Mike Sawyer, Senior Planner; Cormac Giblin,
Housing Development Manager; Robin Meyer, Principal Planner, Russell Webb,
Principal Planner; and Michael DeRuntz, Principal Planner.
B. Petition PUDZ-2oo3-AR-4390, Immokalee Senior Housing, Ltd., represented by Rick J. Joudrey, P.E., of Davidson
Engineering, Inc., requesting: 1) Rezoning from the Residential MuJti-family 6 zoning district (RMF-6) to
Residential Planned Unit Development (RPUD) to aJlow development of a maximum of 119 multi-family
dweJling units, limited to rental units within a "independent living residence facility" for the elderly for a
project to be known as the Immokalee Senior Housing PUD; and 2) Consideration and approval of an
Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus
Density units (in the amount of 59.52 units at 8 bonus density units per acre) in the development of the project.
Property is located on the east side of 11th Street North just south of Lake Trafford Road and Highland
Elementary School in Section 33, Township 46 South, Range 29 East, Collier County, Aorida, consisting of 7.44±
acres. (Coordinator: Kay Deselem)
C. Petition: RZ-2oo3-AR-4937, Community School of Naples, Inc., represented by Teny Kepple, Kepple Engineering,
Inc., requesting a rezone from "A" Rural Agricultural to "CF" Community Facility for the ,expansion of the school.
The property under consideration is contemplated as being used for athletic fields, although the proposed zoning
would allow for future school expansion. The property is located on the west side of Livingston Road,
approximately 1/2 mile north of Pine Ridge Road., in Section 12, Township 49 South, Range 25 East, Collier
County, Aorida. (Coordinator: Robin Meyer)
D. LDC Amendments, An Ordinance Of The Board Of County Commissioners Of Collier County, Aorida, Recodifying
The Collier County Land Development Code, Which Includes The Comprehensive Regulations For The
Unincorporated Area Of Collier County, Aorida, By Superceding Ordinance Number 91-102, As Amended; Providing
For: Section One, Recitals; Section Two, Findings Of Fact; Section Three, Recodification Of The Unified Land
Development Code, More Specifically By Creating The Following: Chapter 1- General Provisions, Including Sec.
1.01.00 Title, Sec. 1.02.00 Authority, Sec. 1.03.00 Rules Of Construction, Sec. 1.04.00 Applicability, Sec. 1.05.00
Findings, Purpose And Intent, Sec. 1.06.00 Rules Of Interpretation, Sec. 1.07.00 Laws Adopted By Reference, Sec.
1.08.00 Definitions; Chapter 2- Zoning Districts And Uses, Including Sec. 2.01.00 Generally, Sec. 2.02.00
Establishment Of Zoning Districts, Sec. 2.03.00 Zoning Districts, Sec. 2.04.00 Permissible, Conditional, And
Accessory Uses In Zoning Districts, Sec. 2.05.00 Density Standards, Sec. 2.06.00 Mfordable Housing Density Bonus,
Sec. 2.07.00 Table Of Setbacks For Base Zoning Districts; Chapter 3 - Resource Protection, Including Sec. 3.01.00
Generally, Sec. 3.02.00 Aoodplain Protection, Sec. 3.03.00 Coastal Zone Management, Sec. 3.04.00 Protection Of
Endangered, Threatened, Or Listed Species, Sec. 3.05.00 Vegetation Removal, Protection, And Preservation, Sec.
3.06.00 Wellfield And Groundwater Protection; Chapter 4 - Site Design And Development Standards, Including Sec.
4.01.00 Generally, Sec. 4.02.00 Site Design Standards, Sec. 4.03.00 Subdivision Design And Layout, Sec. 4.04.00
Transportation System Standards, Sec. 4.05.00 Off-Street Parking And Loading, Sec. 4.06.00 Landscaping, Buffering,
And Vegetation Retention, Sec. 4.07.00 Design Standards For Planned Unit Developments, Sec. 4.08.00 Rural Lands
Stewardship Area Zoning Overlay District Standards And Procedures, List Of Tables In Chapter 4; Chapter 5 _
Supplemental Standards, Including Sec. 5.01.00 Generally, Sec. 5.02.00 Home Occupations, Sec. 5.03.00 Accessory
Uses And Structures, Sec. 5.04.00 Temporary Uses And Structures, Sec. 5.05.00 Supplemental Standards For Specific
Uses, Sec. 5.06.00 Signs; Chapter 6 - Infrastructure Improvements And Adequate Public Facilities Requirements,
Including Sec. 6.01.00 Generally, Sec. 6.02.00 Adequate Public Facilities Requirements, Sec. 6.03.00 Wastewater
Systems And Improvements Standard, Sec. 6.04.00 Potable Water Systems And Improvements Standards, Sec.
6.05.00 Water Management Systems And Drainage Improvement Standards, Sec. 6.06.00 Transportation System
Standards; Chapter 7 - Reserved; Chapter 8 - Decision-Making And Administrative Bodies, Including Sec. 8.01.00
Generally, Sec. 8.02.00 Board Of County Commissioners, Sec. 8.03.00 Planning Commission, Sec. 8.04.00 Board Of
Zoning Appeals, Sec. 8.05.00 Building Board Of Adjustments And Appeals, Sec. 8.06.00 Environmental Advisory
Council, Sec. 8.07.00 Historic/Archaeological Preservation Board, Sec. 8.08.00 Code Enforcement Board; Sec.
8.09.00 Community Development and Environmental Services Division; Chapter 9 _ Variations From Code
Requirements, Including Sec. 9.01.00 Generally, Sec. 9.02.00 Development With Vested Rights, Sec. 9.03.00
Nonconformities, Sec. 9.04.00 Variances; Chapter 10 - Application, Review, And Decision-Making Procedures,
Including Sec. 10.01.00 Generally, Sec. 10.02.00 Application Requirements, Sec. 10.03.00 Notice Requirements, Sec.
10.04.00 Review And Action On Applications For Development Orders And Petitions For Amendments To The
Official Zoning Map, The UDC, Or The GMP, Sec. 10.05.00 Amendments To Development Orders, Sec. 10.06.00
Appeals, Sec. 10.07.00 Enforcement, Sec. 10.08.00 Conditional Uses Procedures, and Appendices A through H,
Including a New Appendix "H" of Cross-References Between the LDC and UDC; Section Four, Repealer; Section
Five, Conflict And Severability; Section Six, Inclusion In The Collier County Land Development Code; And Section
Seven, Effective Date. (Coordinator: Russell Webb)
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9. OLD BUSINESS
10. NEW BUSINESS
I 1. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
01 Admin! Agenda/RBlsp
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May 6, 2004
The Collier County Planning Commission meeting was called to order Thursday,
May 6, 2004 at 8:30 a.m.
1. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was said.
2. ROLL CALL BY CLERK
Roll was taken and a quorum was established. The following members were
present, Bob Murray, Brad Schiffer, Paul Midney, Lindy Adelstein, Mark Strain,
Dwight Richardson, and Kenneth Abernathy.
Commissioner Budd was not present at this meeting.
3. ADDENDA TO THE AGENDA
Ray Bellows: asked that the LDC amendments (Item 8 D.) be moved to the first
item on the agenda.
The consultant for this issue needs to leave the meeting early.
Patrick White, Assistant County Attorney: If it is not possible to do so, we will
withdraw the request at this time.
The agenda was left as is.
4. PLANNING COMMISSION ABSENCES
All members present stated that they were planning to be at the May 20 meeting.
For the EAR meeting coming up, which has been changed to an all-day meeting,
going until 5 p.m. if necessary -- all present members indicated that they would be
present at this meeting.
5. APPROV AL OF MINUTES - APRIL 1, 2004.
The meeting minutes for April 1, 2004 were approved with a unanimous vote.
6. BCC REPORT - RECAPS - MARCH 23, 2004 REGULAR MEETING; APRIL 5,
2004, WORKSHOP; APRIL 13, 2004 REGULAR MEETING.
Page 2
May 6, 2004
Ray Bellows: during the April 27, 2004 meeting there were no Land Use items.
7. CHAIRMAN'S REPORT.
There was a resolution on the April 13, 2004 agenda of Collier County that the
Community Care Smart Growth Advisory Committee will be extended for another
year.
8. ADVERTISED PUBLIC HEARINGS
A. Petition: CU-2003-AR-4249, Mr. Mark Perry, of Kenmark Construction,
Inc., requesting a Conditional Use per LDC section 2.2.3.3.9 to allow for a
model sales center in the "E" Estates zoning district. Property is located
at 1010 39th Street Southwest, further described as the North 180 feet of
Tract 153, Golden Gate Estates Unit 27, near the southeast corner of Pine
Ridge Road and Collier Boulevard, in Section 14, Township 49 South,
Range 26 East, Collier County, Florida, consisting of 2.7 plus or minus
acres. (Coordinator: Michael J. DeRuntz)
All parties wishing to speak on this item were sworn in by Chairperson Mark
Strain.
Mark Perry, President of Kenmark Construction, Inc.: Requested a
Conditional Use for Petition CU-2003-AR-4249, to continue the operation
of a Model Home. Kenmark Construction Inc. owns the home on the 2.85
acre site. The Conditional Use application for the model home and sales
center was submitted on June 6, 2003. Mr. Perry asked for a period of five
years. Staff has suggested a two-year period for the Conditional Use
application. That was accepted by Mark Perry on behalf of Kenmark
Construction, Inc.
The sidewalk and property lines were discussed. This application is for
renewal of an existing Temporary Conditional Use Permit.
Mike DeRuntz, Fiscal Planner, Zoning and Land Development Review: a
neighborhood information meeting has been held for this issue on March 18,
2004. One adjoining property owner was in attendance. He had no
objections to the present operation of the Model Home Sales Center as it
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May 6, 2004
presently exists. He had no objections to the future continuance use at that
location.
Kenneth Abernathy: Motion to recommend the approval of Petition CU-
2003-AR-4249 subject to the staffs stipulations.
Brad Schiffer: Seconds the motion.
The motion to recommend the approval of Petition CU-2003-AR-4249
subject to the staffs stipulations was approved with a unanimous vote.
B. Petition PUDZ-2003-AR-4390, Immokalee Senior Housing, Ltd.,
represented by Rick J. Joudrey, P.E., of Davidson Engineering, Inc.,
requesting: 1) rezoning from the Residential Multifamily 6 zoning
district (RMF -6) to Residential Planned Unit Development (RPUD) to
allow development of a maximum of 119 multifamily dwelling units,
limited to rental units within a "independent living residence facility"
for the elderly for a project to be known as the Immokalee Senior
Housing PUD; and 2) Consideration and approval of an Affordable
Housing Density Bonus Agreement authorizing the developer to utilize
Affordable Housing Bonus Density units (in the amount of 59.52 units at
8 bonus density units per acre) in the development of the project.
Property is located on the east side of 11 Street North just south of Lake
Trafford Road and Highland Elementary School in Section 33, Township
46 South, Range 29 East, Collier County, Florida, consisting of 7.44 plus or
minus acres. (Coordinator: Kay Deselem)
All parties wishing to speak on this item were sworn in by Chairperson Mark
Strain.
Rick J. Joudrey, P.E., of Davidson Engineering, Inc., representing United
Church Homes project known as Immokalee Senior Housing: This PUD
project was started approximately nine months to a year back.
Paul Midney: Disclosed that he has spoken to someone from United Church
Homes.
Craig Hale, United Church Homes, Director of Property Management:
United Church Homes is based out of Ohio, with senior housing facilities
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May 6, 2004
and long-term-care nursing home facilities in 13 states. Mr. Hale read aloud
the United Church Homes Mission statement and stated that it is the goal to
provide much-needed housing, in this case to the Immokalee area. There
currently is a very successful 30 unit facility in the Immokalee area, but
multiple people have been turned away far too often, because the necessary
space is not available yet. To answer the need, we would like to proceed
with this project. There is no direct connection with any specific
denomination. There are no religious thresholds for the applicants of these
facilities.
Joseph League, SLA Architects and Planners: have done a large number of
elderly multifamily and retirement projects over the last 40 years. This
particular project is funded by federal funds.
Landscaping, green space, possible adding garages in the future and
transportation issues for this project were discussed a great length. Rick J.
Joudrey, P.E., of Davidson Engineering, Inc., representing United Church
Homes project known as Immokalee Senior Housing helped to clear up a
number of these questions.
Rick J. Joudrey, P.E., of Davidson Engineering, Inc., representing United
Church Homes project known as Immokalee Senior Housing: Planning staff
of Collier County has directed questions toward this project and Mr. Joudrey
addressed those issues. The PUD location was clarified. RMF -6 could be
built out with an approximately 1500 square-foot unit, of which there would
be six per acre. The 16 would be approximately the same size units with 16
per acre. The proposal is for 16 units, and these are mostly one-bedroom.
The smaller size is around 550 ft.2. The larger size is around 750 ft.2. An
RMF-6 is allowed three habitable floors at 75 feet tall. This proposal is for
two habitable floors, at a maximum height of 35 feet. Garages are allowed
in both the RMF -6 and the RMF -16. It was requested that allowability stay
with this PUD as well. All three versions would have the same amount of
required open space. Setbacks for this property were also discussed. Mr.
Joudrey referred to section 2.4.7.4 of the LDC when speaking about
landscape buffering. It was Mr. Joudrey's understanding that this type of
buffering (lO feet) would be appropriate for the site, although to enhance the
green space, it has been agreed to do a 15 feet buffer.
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May 6, 2004
Bob Murray: requested that it be noted that no deviations to the plan were
mentioned at a neighborhood meeting.
Rick Joudrey: It was the intention to change only the items that affected this
project in the PUD base document that comes from the County. We
attempted to do that, so there was no reason to mention if there were going
to be garages are not, or if there is going to be a setback of 50 feet or 100
feet, at the public meeting. Mr. Joudrey clarified that the request was for the
setbacks of 20/30/30 and are not accepting the proposed setbacks of County
staff, which is a combination of 125 feet/50 feet/ 20 feet.
Kay Deselem, Principal Planner, Zoning and Land Development Review
Section: As far as the issue of the van, Ms. Deselem believes that there is a
way to work through this, and believes that this is very close. The
landscaping issue is not as close to an agreement. Referring back to the staff
report, specifically to the testimony of the petitioner, in the landscaping
section, they were talking about the table, and the table refers to uses and
districts. However, if you go to the introduction portion of that, in section
2.4.7.2, it talks about what is to be done for other parcels. Mr. Deselem
went on to read this language. The Growth Management Plan asked that
staff look at the building heights, setbacks, landscape buffers, potential
building mass, location in orientation, amount and type of open-space, and
the location of that open-space, when reviewing compatibility issues.
Joe Schmitt: this issue is scheduled to go before the Board of County
Commissioners at Tuesday's meeting. (May 11,2004)
Brad Schiffer: Wouldn't it be wise for us to put down the setbacks that you
want on exhibit A, and then they can build whatever they want within those
setbacks? Mr. Schiffer's concern was that it is the parameters of the PUD,
why is this being treated any differently?
Kay Deselem, Principal Planner, Zoning and Land Development Review
Section: they can have the accessory buildings as listed. There are particular
setbacks and guidelines for those. Staffs problem was that in their PUD
document that they submitted to us, they provided setback information.
They didn't originally have the setbacks shown on this plan.
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May 6, 2004
Public Speaker, Fred Thomas, Immokalee Area Master Plan Committee,
Immokalee Resident: Mr. Thomas clarified that he is not speaking on behalf
of the Immokalee Area Master Plan Committee on which he chairs. This
issue was never brought before that committee. The committee is talking to
staff about bringing these issues before the committee, so that they can be
addressed. Mr. Thomas listed the surrounding areas as a cemetery, a
Church, a trailer park that residents of Immokalee would like to see come
out of there, duplex rentals, Winn-Dixie less than 4 blocks away, and four
Churches less than 8 blocks away. This would be a major asset to our
community. Mr. Thomas is amazed that they are able to combine the USDA
money and HUD money to make this property work. There was another
question about a single home property adjacent to the site; Mr. Thomas
believes this is a marginal trailer, if that much. This is central Florida, not
coastal Florida. There are different needs in central Florida, then those of
coastal Florida. Mr. Thomas expressed that he is agreeable to everything
that he has heard the developer talk about and give him the flexibility to do
the PUD the way he wants to do it.
Paul Midney: Motion to accept plan as submitted by the developer.
Brad Schiffer: Seconds the motion.
V ote on motion was denied 4:3.
Lindy Adelstein: Motion to support staffs PUD document as presented
today, with the stipulation that we have a percentage of setback deviations to
consider, address the issue of van use, and the facing of landscape buffers.
Brad Schiffer: Seconds the motion.
Motion is approved with a unanimous vote.
Mark Strain ordered a 10 minute break at 10:31 a.m.
The meeting was called back to order at 10:43 a.m. by order of the chair.
C. Petition: RZ-2003-AR-4937, Community School of Naples, Inc.,
represented by Terry Kepple, Kepple Engineering, Inc. requesting a rezone
from "A" Rural Agricultural to "CF" Community Facility for the expansion
Page 7
May 6, 2004
of the school. The property under consideration is contemplated as being
used for athletic fields, although the proposed zoning would allow for future
school expansion. The property is located on the west side of Livingston
Road, approximately ~ mile north of Pine Ridge Road, in Section 12,
Township 49 South, Range 25 East, Collier County, Florida. (Coordinator:
Robin Meyer)
All parties wishing to speak on this item were sworn in by Chairperson Mark
Strain.
Terrence Kepple, Kepple Engineering Inc.: Proposing a rezoning of29 acre
parcel, just north of the existing Community School of Naples.
The exact location of this proposal was clarified. The property under
consideration is contemplated as being used for athletic fields, although the
proposed zoning would allow for future school expansion. There is no
objection to applying a type D. buffer to this area. There are agreements and
plays with the "Y" to share some of these facilities, as well as with some of
the public schools. These facilities will probably not be made available
directly to the general public, but they do provide their facilities on a request
basis.
Robin Meyer, Principal Planner, Zoning and Land Development Review:
There was a neighborhood information meeting held on March 10. No one
attended, there was one person who stopped in and walked right back out.
The request of zoning it is consistent with the county's long-range plans.
The rezoning is consistent with the county.
Kenneth Abernathy: Motion that this petition be moved forward with a
recommendation of approval.
Bob Murray: seconds, the motion.
The vote was unanimously passed.
D. LDC and Amendments, An Ordinance of the Board of County
Commissioners of Collier County, Florida, Recodifying the Collier County
Land Development Code, Which Includes Comprehensive Regulations for
the Unincorporated Area of Collier County, Florida, by Superseding
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May 6, 2004
Ordinance Number 91-102, As Amended; Providing for: Section 1, Recitals;
Section 2, Finding of Fact; Section 3, Recodification of the Unified Land
Development Code, More Specifically by Creating the Following Chapter:
Chapter 1 -General Provisions, Including Section 1.01.00 Title, Section
1.02.00 Authority, Section 1.03.00 Rules of Construction, Section 1.04.00.
Applicability, Section 1.0500, Finding, Purpose and Intent, Section 1.06.00
Rules of Interpretation, Section 1.07.00 Loss of Adopted by Reference,
Section 1.08.00 Definitions;
Chapter 2 -Zoning District and Uses, Including Section 2.01.00. Generally,
Section 2.02.00 Establishment of the Zoning District, Section 2.03.00
Zoning Districts, Section 2.04.00. Permissible, Conditional, and Accessory
Uses in Zoning Districts, Section 2.05.00. Density Standards, Section
2.06.00 Affordable Housing Density Bonus, Section 2.07.00 Table of
Setbacks for the Zoning Districts;
Chapter 3 -Resource Protection, Including Section 3.01.00 Generally,
Section 3.02.00 Floodplain Protection, Section 3.03.00 Coastal Zone
Management, Section 3.04.00. Protection of the Endangered, Threatened, or
Listed Species, Section 3.05.00 Vegetation Removal, Protection, and
Preservation, Section 3.06.00, While Field and Groundwater Protection;
Chapter 4 -Site Design and Development Standards, Including Section
4.01.00 Generally, Section 4.02.00 Site Design Standards, Section 4.03.00
Subdivision and Design and Layout, Section 4.04.00. Transportation
System Standards, Section of 4.05.00 Off-street Parking and Loading,
Section 4.06.00, Landscaping, Buffering, and Vegetation Retention, Section
4.07.00 Design Standards for Planned Unit Developments, Section 4.08.00.
Rural Land Stewardship Area Zoning Overlay District Standards and
Procedures, List of Tables
Chapter 5 -Supplemental Standards, Including Section 5.01.00. Generally,
Section 5.02.00 Home Occupations, Section 5.03.00 Accessory Uses in
Structures, Section 5.04.00. Temporary Uses in Structures, Section 5.05.00
Supplemental Standards for Specific Uses, Section 5.06.00 Signs;
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May 6, 2004
Chapter 6 -Infrastructure Improvements and Adequate Public Facilities
Requirements, Including Section 6.01.00 Generally, Section 6.02.00.
Adequate Public Facilities, Requirements, Section 6.03.00 Wastewater
Systems and Improvement Standards, Section 6.04.00. Potable Water
Systems and Improvement Standards, Section 6.05.00 Water Management
Systems and Drainage Improvement Standards, Section 6.06.00
Transportation System Standards; Chapter 7 -- Reserved;
Chapter 7 -Reserved
Chapter 8 -Decision-making and Administrative Bodies, Including Section
8.01.00 Generally, Section 8.02.00 Board of County Commissioners,
Section 8.03.00 Planning Commission, Section 8.04.00. Board of Zoning
Appeals, Section 8.05.00 Building Board of Adjustments and Appeals,
Section 8.06.00 Environmental Advisory Council, Section 8.07.00
Historic/Archaeological Preservation Board, Section 8.08.00 Code
Enforcement Board; Section 8.09.00 Community Development and
Environmental Services Division;
Chapter 9 -Variations from Code Requirements, Including Section 9.01.00.
Generally, Section 9.02.00 Development with Vested Rights, Section
9.03.009 Conformity, Section 9.04.00 Variances;
Chapter 10 -Application, Review, and Decision-making Procedures,
Including Section 10.01.00 Generally, Section 10.02.00 Application
Requirements, Section 10.03.00. Notice Requirements, Section 10.04.00
Review and Action on Applications for Development Orders in Petitions for
Amendments to the Official Zoning Map, the UDC, or the GMP, Section
10.05.00. Amendments to Development Orders, Section 10.06.00 Appeals,
Section 10.07.00 Enforcement, Section 10.08.00 Conditional Uses
Procedures,
Appendices A through H, Including New Appendix "H" of Cross
References between the LDC and UDC; Section 4, Repealer; Section 5,
Conflict and Severability; Section 6, Inclusion in the Collier County Land
Development Code; and Section 7 Effective Date.
All parties wishing to speak on this item were sworn in by Chairperson Mark
Strain.
Page 10
May 6, 2004
Patrick White, Assistant County Attorney, Project Manager for LDC
Revisions: asked that all final recommendations and comments be addressed
at the May 20, 2004 meeting.
Gail Easley, The Gail Easley Company, Consultant to Reorganize the Land
Development Code: the purpose of this project was to simplify the format.
Duplications of regulations in the LDC were limited during this process.
With the multiple duplications, there was some variance of language. These
inconsistencies were removed and a single regulation was applied. There
were also elements that were not particularly land development items or
issues. Those elements were extracted from this document and compiled
into a file. The County Attorney has these documents and these will be set
forth as amendments to the code ordinance. Another major part of this
project was to consolidate definitions. As the LDC stands, definitions are
piece by piece throughout the entire document. With the duplications of
definitions as the piece by piece basis allows, multiple variances to the same
definition occurs. The result of all of these revisions is a document that is
about half the size of the current LDC. The order, format and structure of
this document were explained by Ms. Easley.
Public Speaker, Wayne Arnold: Believes that the revision of this document
is long overdue to eliminate duplications.
Public Speaker, Bruce Anderson: believes that the vested rights hearing
procedure deletion needs to be put back into this document. Mr. Anderson
suggests that for the first year after this document becomes effective, that the
two amendment cycles per year be waived, and allow amendments at any
time to straighten out any possible erroneous exclusions. Mr. Anderson also
suggests that for the first year the applications for LDC amendments be
waived for the same purpose.
Patrick White, Assistant County Attorney: this is not limited to two times
per year. There is an opportunity with the super majority vote of the Board
that at any time an amendment cycle can be initiated. If the request is one
that the government does not believe necessary, but the applicant does, the
application fee should not be waived. Assuming that all requests to make
amendments will essentially be a Scrivener's error, they will be handled on
behalf of the users by the government.
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May 6, 2004
Lindy Adelstein: Motion to continue this meeting with respect to the public
hearing until May 20, 2004 at 8:30 a.m.
Bob Murray: Seconds the motion.
9. OLD BUSINESS
There was no old business to discuss at this time.
10. NEW BUSINESS
The Sample of Amended Wording between Boards document was passed out for
further review.
11. PUBLIC COMMENT ITEM
There were no public comments at this time.
12. DISCUSSION OF ADDENDA
There were no addenda items to be discussed at this time.
13. ADJOURN
There being no further business for the good of the County of Collier, the
meeting was adjourned by the order of the Chair at 12:31 p.m.
Collier County Planning Commission
Mark Strain, Chairperson
Page 12
.--,,_.__._-,~,--~------_.-._-
May 6, 2004
Lindy Adelstein: Motion to continue this meeting with respect to the public
hearing until May 20, 2004 at 8:30 a.m.
Bob Murray: Seconds the motion.
9. OLD BUSINESS
There was no old business to discuss at this time.
10. NEW BUSINESS
The Sample of Amended Wording between Boards document was passed out for
further review.
11. PUBLIC COMMENT ITEM
There were no public comments at this time.
12. DISCUSSION OF ADDENDA
There were no addenda items to be discussed at this time.
13. ADJOURN
There being no further business for the good of the County of Collier, the
meeting was adjourned by the order of the Chair at 12:31 p.m.
Collier County Planning Commission
Mark Strain,Vice-Chairperson
Page 12