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CCPC Minutes 09/16/2004 R September 16,2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 16, 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 Paul Midney Kenneth Abernathy Brad Schiffer Robert Murray Robert Vigliotti Dwight Richardson ALSO PRESENT: Joe Schmitt, Community Dev.& Environmental Services Ray Bellows, Chief Planner, Zoning& Land Dev. Review Patrick White, Assistant County Attorney Marjorie Student, Assistant County Attorney 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEPTEMBER 16,2004, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 T AMIAMI 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 I 0 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - Not Available at this time 6. BCC REPORT- RECAPS - Not Available at this time 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS A. Petition: V A-2004-AR-5878, Michael J. Needham and Wendy B. Needham, property owners, represented by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., requesting a 7-foot variance in the PUD zoning district from the required IS-foot rear setback, to allow an eight-foot (8) setback, within which the petitioner wants to extend an existing screen enclosure. The property, consisting of 17,077 square feet, is located at 720 Bay Tree Court; further described as Site 7, Block A, Pelican Bay Unit One, in Section 4, Township 49 South, Range 25 East, Collier County, Florida. CONTINUED TO 11-4-04 (Coordinator: Kay Deselem) 1 B. Petition: CU-2004-AR-5770. Office Depot represented by Vincent A. Cautero, AlCP, of Coastal Engineering Consultants, Inc. requesting Conditional Use II of the C-3 zoning district for an Office Depot located at 10419 Tamiami Trail North (U.S. 41). The property is located approximately 1/2 mile south of Immokalee Road on Tamiami Trail N (U.S. 41) between 104th Avenue North and 105th Avenue North, in Section 28, Township 48 South, Range 25 East, CoIlier County, Florida, consisting of 1.85± acres. (Coordinator: Ray Bellows) C Petition: PE-2004-AR-6093, Dougall McCorkle, of the Lutgert Companies, represented by Wayne Arnold, AICP, of Grady Minor and Associates, requesting a parking exemption to allow off-site parking on 2 lots zoned residential multi-family (RMF-6) to serve proposed general and medical office uses, on a parcel zoned general commercial (C-4), which is contiguous to the subject properties. Access to the parking lot will be from the commercial parcel or the existing 20-foot wide public alley. The subject property is located at 4817-4819 West Alhambra Circle and I013-IOIS North Alhambra Circle in Section 15, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Robin Meyer) D. Petition: RZ-2004-AR-5876, Commerce Center at Naples LLC represented by Robert J. Mulhere ofRW A, Incorporated, requesting a rezone from the "I" (Industrial) and C-5 to the C- 5 (heavy commercial) zoning district. The subject property is located at 3400 Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida and consists of 5.36 acres. (Coordinator: Mike DeRuntz) E. Petition: PUDZ-2003-AR-4150, D. Wayne Arnold, of Q. Grady Minor and Associates, P.A., representing Bryan W. Paul, requesting a rezone from the PUD Zoning district to the PUD zoning district, for mixed use Residential and Commercial Planned Development to be known as Orange Blossom Ranch PUD. The property is located on the north and south sides of Oil Well Road, approximately I mile east of Immokalee Road, in Section 13, 14, and 24, Township 48 South, Range 27 East, Collier County, Florida, and consists of 616± acres. (Companion to PUDA-03-AR-4227). (Coordinator: Ray Bellows) CONTINUED TO 10/7/04 F. Petition: PUDA-2003-AR-4227, D. Wayne Arnold, of Q. Grady Minor & Associates, P.A., and Anthony P. Pires, Esq., of Woodward, Pires & Lombardo, P.A., representing Bryan W. Paul, requesting an amendment to the Orangetree PUD to reflect the removal of approximately 616 acres from the "Orangetree PUD" Planned Unit Development to be rezoned to the Orange Blossom Ranch PUD. The 616 acres to be removed is located in the northeast side of the Orangetree PUD boundary. The Conceptual Master Plan has been revised to reflect the amended PUD boundary, as well as, identification of new SP (School/Park) designation on those lands owned by the Collier County Public Schools. The SP designated lands are located on Oil Well Road (C.R. 8S8), approximateJy 1/2 miles east ofImmokalee Road (CR. 846) while the Orangetree PUD is located on the northeast comer ofImmokalee Road (CR. 846) and Randall Boulevard, in Sections II, 12, 13, 14, 23 & 24, Township 48 South, Range 27 East, CoIlier County, Florida, consisting of 616± acres. (Companion to PUDZ-03-AR-4150) (Coordinator: Ray Bellows) CONTINUED TO 1017104 9. OLD BUSINESS 10. NEW BUSINESS II. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN eepe AgendaJRB/sp 2 September 16, 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. 3. Addenda to the Agenda - Add ..E-mail Addresses" under Old Business. 4. Planning Commission Absences - Mr. Murray will not be present at the October 7th meeting. 5. Approval of Minutes - not available at this time. 6. BCC Report - Recaps- not available at this time. 7. Chairman's Report - None 8. Advertised Public Hearings (Petitions) A. V A-2004-AR-5878 - Continued to November 4, 2004 B. CU-2004-AR-5770 - Office Depot represented by Vincent A. Cautero of Coastal Engineering Consultants, Inc. requesting Conditional Use 11 of the C-3 zoning for an Office Depot located at 10419 Tamiami Trail North (US 41). The property is located approx. Yz mile south ofImmokalee Road on Tamiami Trail N (US 41) between 104th Avenue North and 1 05th Avenue North in Collier County, Florida, consisting of 1.85 -/+ acres. Disclosures: Mr. Budd spoke with the petitioner's attorney and engineer. Also received e-mail. Mr. Murray also spoke with the petitioner's attorney and received e-mails. Mr. Schiffer read an e-mail from Chris Carpenter. Mr. Viglioti spoke with Mr. Y ovanovich. Mr. Strain had the same contacts as the above. PETITIONER Mr. Yovanovich - had been told this morning they need to place two more signs on their property under the Counties interpretation of the Notice Ordinance. Therefore he is requesting a continuance. He mentioned a sign needs to be placed on 104th and 105th. Joe Schmitt - Administrator, Community Development & Environmental Services- he stated he infonned Mr. Y ovanovich they could continue to hear it today, but may be a potential risk the BCC may have it taken back to the Planning Commission if they deem 2 September 16, 2004 it wasn't properly advertised. It's in question whether they are in violation, but to insure there is no challenge the petitioner is requesting a continuance. Marjorie Student - Assistant County Attorney - stated the courts construe notice is requirements quite strictly. If not all met, and there wasn't good notice the action void. They think there was reasonable notice and advised the petitioner, but best to meet the requirements. Mr. Adelstein moved to continue until October 21st. Second by Mr. Murray. Carried unanimously 9-0. **Mr. Schmitt read the names of persons that registered to speak for the last Petition and advised they can speak now or wait until it comes back. The people asked to speak when the Petition is presented again. C. PE-2004-AR-6093, Dougall McCorkle, of the Lutgert Companies, represented by Wayne Arnold, SICP, of Grady Minor and Associates, requesting a parking exemption to allow off-site parking on 2 lots zoned residential multi-family (RMF-6) to serve proposed general and medical office uses on a parcel zoned general commercial (C-4), which is contiguous to the subject properties. Access to the parking lot will be for, the commercial parcel for the existing 20 foot wide public alley. The subject property is located at 4817-4819 west Alhambra Circle and 1013-1015 North Alhambra Circle in Collier County, Florida. Disclosures: Mr. Budd spoke with applicants Attorney. Mr. Schiffer read the Estes letter. (not provided) Mr. Adelstein read the letter and talked with Wayne Arnold. Mr. Strain spoke with Wayne Arnold. Mr. Murray spoke with Mr. Y ovanovich. All those testifying were sworn in by Mr. Budd. PETITIONER Rich Y ovanovich - on behalf of the petitioner - showed picture on screen -this is a parking exemption request for the redevelopment of the Witches Brew on US 41. The Lutgert Companies have acquired the property. They will re-develop the property into a Class A building. Going through the original design for the property and getting all the requirements they needed, they found the building was overwhelming for the neighborhood. The Lutgert Companies acquired an option on two of the RMF-6 lots. They were shown on the map. They are seeking a parking exemption to put 44 parking spaces on the property to bring the height of the building down to approx. 55 feet. This would make it more in character with the neighborhood. They would have a wall - 3 "."^~-- September 16, 2004 He showed the area on a map. There is an existing alleyway used for a cut-through right. There would be a wall next to Lot 31 and also between "them" and Lot 28. Would be a 6 feet wall set-back 6 feet with landscaping on the residential side. They feel this is a better alternative for the neighborhood and have not received any letters of objection. One gentleman did send a letter; they met with him, and has since written and sent another letter is in favor of the proposal. They have met all the criteria in the LDC and staff is recommending approval. He is asking they make a recommendation of approval to the BCe. ST AFF Robin Meyer - Zoning and Land Development Review - they have evaluated the project and find it consistent with all the criteria. Two letters were received after the staff report had gone out - it was emailed to all the Planning Commissioners. One was objecting to the project, one said his objections were taken care of. Mr. Meyers recommended they add a 5th condition. It includes the walls Mr. Y ovanovich referred to. He would like to add that to the list of conditions. Mr. Schiffer had trouble looking at the Resolution and asked about Exhibit A and B. Exhibit A is the Site Plan. Exhibit B is the legal description. Mr. Meyer mentioned Fred Reischl had forgotten to do the Resolution and hurried to finish it. Lighting might be another condition the Planning Commissioners would like to address according to Mr. Meyers. Low level lighting was suggested as not to spill over into the neighborhood. Mr. Schiffer was concerned about the height of the fixtures. Mr. Schiffer asked about the way the wall was located being 1/3 of the way off the property line and buffer. He asked if it could be moved closer into the parking lot so the trees could be on the residential side for esthetics. Mr. Y ovanovich mentioned they would do that if the Code allowed them to. There will be plantings on the residential side and parking lot side of the wall. Mr. Abernathy asked which lots or where Brad Este's duplex was. Mr. Y ovanovich answered he is 5 lots to the south. He was satisfied after discussing the area with him. They are also putting battered lights if the Code will allow. He also wanted to make sure all the proper paperwork and site plans and resolutions are updated with the recommendations and made available. Mr. Budd questioned ifthere was a disclosure ofthe shareholders or principals to make sure there isn't a potential conflict. Mr. Patrick White - Assistant County Attorney - didn't feel the objective of the Chair was to put staff on the spot, but part of the problem is the hand off at a relatively late date prior to the hearing. It may be a concern with the conditions and exhibits to be attached and also analysis of the application. He is leaving it up to Mr. Y ovanovich to see where he wants to take the application. He feels what they have in front of them is sufficient for 4 -~ -~. ._~.._~.".~...,--~~ September 16, 2004 their consideration. If they discern there may be a potential for a disclosure for voting conflicts and depending upon the way the vote goes, it may be immaterial. Mr. Y ovanovich stated Mr. McCorcal can give you information concerning the entities to see if there are any conflicts. Mr. Dugal McCorcal is with the Lutgert Companies and Vice President of Commercial properties. Lutgert Companies LLC is a separate entity like most of their properties and the majority owner is Scott Lutgert - Chairman of Lutgert Companies. A minority interest would be 4 management individuals within the Lutgert Companies; himself, Mr. McCorcal, Richard Baker President, Howard Guppin President, and Kurt Lutgert Vice President. Note: (Spelling of names were not given for transcript) Mr. Strain asked about Lot 31 showing a zero setback. Mr. Y ovanovich responded he didn't think it was accurate or part of the application. Mr. Patrick White - Assistant County Attorney - stated this is a conceptual site plan. It would have to come in for subsequent review to insure the regulations and conditions are met. Mr. Adelstein moved that AR-6093 be forwarded to the Board of County Commissioners for recommendation of approval subject to staff recommendations. Also to agree to Item 5 for the additional privacy walls. Second by Mr. Schiffer. Mr. Strain asked the lighting be included in the motion. The motion maker and second agreed. Motion carried unanimously 9-0. D. RZ-2004-AR-5876 - Commerce Center at Napes LLC represented by Robert J. Mulhere of RW A, Inc., is requesting a rezone from the "I" (Industrial) and C-5 to the C-5 (heavy commercial) zoning district. The subject property is located at 3400 Radio Road in Collier County, Florida. Consists of 5.36 acres. Disclosures - None. All those testifying were sworn in by Mr. Budd. PETITIONER Mr. Bob Mulhere - RW A Incorporated - gave history of the past 2 years with tenants within the commercial center. He gave and showed the location being at the comer of Radio and Airport Roads. The gas station located at the intersection is not part of the petition. The actual property is an L shaped format and behind the gas station. There were a number of uses in the complex and was mostly an office complex. Restaurants, professional office, chiropractor and several professional service type uses, David Lawrence center and more are in the complex. A portion is of it is C-5 and industrial. A 5 September 16, 2004 number of the uses were deemed not to be permitted uses within the industrial district. This was found when they renewed their occupational licenses. The County started to review all the uses and determined 7-8 or 9 have moved out because they were unable to renew their occupational licenses. Staff recommended they come in for the rezone C-5. It has been reviewed and found consistent with the commercial infill criteria in the plan and planning staff recommended approval. He received one phone call from the Naples Airport Authority and found the height was no problem. There was a public meeting. One person showed up and found the intention of the rezone was fine. STAFF Mike DeRuntz - Principal planner with the Zoning Land Review Dept. - received no ca1ls or letters or objections and staff is recommending approval. Mr. Schiffer asked about the land use on page 3 of the report - asked what PU was. It is "Provisional Use". When the Bingo hall was there previously it required a Provisional Use approval. Mr. Strain - page 7 - addressing section - read this section and asked why it was in the report. Mr. Schmidt said it would be taken care of. Page 1 of the rezone findings - #3 - part of it referred to it as a PUD. Mr. Bellows stated it is not and "rezone" will be the substituted word. Hearing is closed for motion and discussion. Mr. Murray moved approval of RZ-2004-AR-5876. Second by Mr. Midney. Carried unanimously 9-0. The next two petitions are continued to October 7, 2004 9. Old Business A. County Email System - Mr. Strain mentioned at the workshop last week they were given papers to sign by the IT Dept. He asked for the others and will take to IT after the meeting. Ray sent a request for any issues they may have. Mr. Strain noted he still hasn't received an email address for the site to use the address - nor a password in order to use it. Mr. Bellows responded Mike will call each individual Planning Commissioner to get it corrected. **Mr. Budd mentioned Mr. Richardson's term has expired and this is his last meeting. 6 September 16, 2004 **Mr. Patrick White informed the Planning Commission that the revisions of the Recodification of the Land Development Code were to be effective Monday the 27th. He intends to present to the Board on Tuesday the 21 st, an emergency Ordinance that will extend the effective date to October 18 of the provisions. The Ordinance that was passed may be an Amendment to the Code of Laws that had an effective date that was tied to the LDC Ordinance. It may be extended assuming the Board adopts the Emergency Ordinance. LDC will become effective 10/18/04 rather than 9/27/04. **Mr. Budd commented an email was sent out to all the Planning Commissioners that the Florida Chapter of the American Planning Association is having the Annual Convention in Gainesville Florida. As part of the Agenda there is a two day training program for Planning Commissioners. County will reimburse Planning Commissioners for the registration expense only. A Commissioner would front the expense first and then apply for reimbursement. Agenda looks like a good program. Mr. Schmitt stated the dates are October 13-16 in Gainesville. **There is an LDC hearing planned for Wednesday, September 22nd, at 5:05 PM. 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 at 9:06 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Russell Budd 7 --