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CCPC Minutes 10/18/2018October I 8, 20'l 8 TRANSCRIPT OF TI{E MEETING OF T}IE COLLIER COLTNTY PLANNING COMMISSION Naples, Florid4 October I 8, 20 I 8 LET IT BE REMEMBERED that the Collier County Plarming Commission, in and for the Cormty of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Govemment Complqq E€st Naples, Florida. with the following members present: CIIAIRMAN: Mark Strain San Chrzanowski Patrick Dea6om Edwin Fryer Karen Homiak Joe Schmitt ABSENT: Patrick Dearborn ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Manager Co6y Schmidt, Principal Planner Nancy Gundlaclq Principal Planner Jefftey Klatzkow, County Attomey Gilbert Martinez, Principal Planner Heidi Ashton-Cicko, Managing Assistant County Atlorney Tom Eastrnuq Schml District Representative Page I of22 October I 8, 20 1 8 PROC EEDING S CHAIRMAN STRAIN: Good moming weryone. Welcome to the Thursday, October l8th meeting of the Collier County Planning Commission. Ifeverybody will please rise for pledge ofallegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Will the secretary please do the roll call. COMMISSIONER FRYER: Mr. Eastsnan? MR. EASTMAN: Here. COMMISSIONER FRYER: Mr. Chrzanowski? COMMISSIONER CHRZANOSWKI: Here. COMMISSIONER FRYER: I'm here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER FRYER: Vice Chair Homiak? COMMSSIONER HOMIAK: Here. COMMISSIONER FRYER: Mr. Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER FRYER: Mr. Dearbom? (No response.) COMMISSIONER FRYER: Mr. Chairmaq we have a quorum of six (sic). CHAIRMAN STRAIN: Thank you. And Mr. Dearbom has a matter he had to handle, an excused absence. He couldn't be here. So addenda to the agenda: We have - first ofall, you'll noticr there's a litrle bit different format to the agenda. In our position as the EAC, we periodically may receive cases that are not advertised as we normally have them, but they'rejust noticed. In order to identifi them as separae, that's why you see the agenda the way it is today. There are no other issues that I know need to be added. F.ay, do you have anything? MR. BELLOWS: Nothing. CI{AIRMAN STRAIN: Okay. That takes us to Planning Commission absences. Our next meeting is November I st. Does anyone know if they can't make November I st? (No response.) CHAIRMAN STRAIN: Okay. We'll have a quorum. We received some minutes, September 20th minutes electronically. Is there any changes, comments to those minutes? Stan? COMMISSIONER CHRZANOWSKI: Yeah. It's an arcca palm, not a eureka palrn. It's minor. COMMISSIONER SCHMITT: Well, if you hit it with your truck, it's a eureka. CIIAIRMAN STRAN : Okay. Other than that change, is there a motion subject to that change? COMMISSIONER FRYER: Move their approval. CHAIRMAN STRAIN: Made by Ned. Seconded by? COMMISSIONER CHRZANOWSKI: Second. CI{AIRMAN STRAN: Stan. All in favor, signi$ by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMSSIONERFRYER: Aye. CHAIRMANSTRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMTT: Aye. CIIAIRMAN STRAN: Anybody opposed? (No response.) CI{AtrUVIA}I STRAIN: The motion carries 5-0 -. yeah 5-0. We're missing two people. That's right. BCC report and recaps. Ray, do you have anything you want to add today? MR. BELLOWS: At the last Board of County Commissioner meeting there were no land use items Page 2 of 22 October 18,2018 on that agenda. CIIAIRMAN STRAIN: Okay. Thank You. Chairman's report: Simply the agenda format was something I wanted to note. We've already noted it. So we'll move on -- therc's no consent agenda items today- * i tThat takes us directly into our first public advertised hearing. It's 9A. It's PL20 I 7000250 I . It's the Avow Hospice Community facilities Planned Unit Development south of Pine Ridge Road on the west side of Whippoorwill tane. All those wishing to testifr on behalfofthis itern, please rise to be swom in by the court reporter. (The speakers were duly swom and indicated in the afftrmative.) CHAIRMAN STRAIN: Disclosues on the part of the Planning Commission. We'll start with Tom. MR. EASTMAN: None. CHAIRMAN STRAIN: SIAN? COMMISSIONER CHRZANOWSKI: Some correspondence with Davidson Engineering. CHAIRMAN STRAN: NCd? COMMISSIONER FRYER: Conespondence with the applicant and wi$ staff. CHAIRMAN STRAIN: Okay. And I had correspondence and ernails widr the applicant. lve talked with staff, I met with dre applicant twice over two days in different issues, and I have - that's all. That's my full disclosure. Go ahead. COMMISSIONER HOMLAK: I just exchanged email with Ms. Ilaroldson. CHAIRMAN STRAIN: Pull it a little closer next time' COMMISSIONER HOMIAK: Ms. Haroldson. CHAIRMAN STRAIN: JOE? COMMISSIONER SCHMITT: None. CIIAIRMAN STRAIN: Okay. With that, we're ready for the applicant's presentation' MR. NEALE: Good moming Commissionen. My name is Patrick Neale. I'm the attomey representing Avow Hospice on this petition. The rest ofthe group that will be presenting to you, the primary presenter will be Jessica Hamldson from Davidson Engineering; Josh Fruth will also be here fiom Davidson; and wele got Norm Trebilcock who's our traffrc engineeq and Jeremy Sark who's our environmentalisg who are also here. As I say, Im the attomey representing Avow on this petition. I'm also very privileged to be a member of the board of Avow, so I'm speaking from both penpectives here this moming. Avow, as you may know, is the only not-for-profit hospice in Collier Comty. It's been herc for 35 years as of now and wants to continue growing its mission. The mission of Avow is very simple. It cr€ates peace of mind by providing compassionate car€ and support to those who need us. The mission includes not just the on-campus hospice house, the Georgeson house thal everybody's familiar with, but also outpatient hospice care to literally hundrcds of patients at a time; bereavement care and other related services to those who are living with serious or terminal illnesses and those arcund them. Avow, as I say, has boen devoted to that mission for 35 years. The CEO ofAvow, Jaysen Roa, who's here today also, will spea.k later to provide more insight on what Avow does and how it does it. The petition coming before you today is a PUD remne that derives fiom the original Avow CF-PUD that was approved in 2009 as Ordinane 09-37 . The application you have before you has been submitted for several reasons. The primary one is that Avow has been fortrmate enough to have raised the firnds to acquire the last available piece of pmperty adjacent to the campus that was r€latively vacant. The addition ofthat 5.3-acr€ property to the cur€ntly existing Avow CF-PUD will allow Avow to better fulfill its mission ofproviding the best, highest quality state-of-the-art care to its patients and their loved ones. It will also allow the overall campus to function more efficiently and more effectively. The other reason is to add additional uses to those approved in the original CF-PUD that at€ consistent with the Gmwth Page 3 of22 October 18,2018 Management Plan, Avow's missions, and its operation- Approval ofthis petition will allow Avow to enhance the services it provides within its mission to better serve the citizens of Collier Couty. The additional services will include more patient and family support services, daycare for our employees, a children's bereavement and counseling center, and other services that will be firther described in the following presentation. All ofour team will stand rcady to answer any questions and rcspond to and address any concems. Thank you very much. And now Jessica's going to make the presentation- CHAIRMAN STRAIN: Thank you, Pat. MS. TIAROLDSON: Good morning. I'm Jessica Haroldson with Davidson Engineering. I'm going to be reviewing a PowerPoint presentation with you to review the details ofthis rezone request. Avow is located south of Pine Ridge Road along the west side of Whippoorwill Lane. It is an existing palliative and hospice care campus developed with offices and related healthcare buildings. The original Avow PUD was approved in 2009 under frinance 09-37 and is just over 15 acres in size. [,ast year Avow purchased what we refer to as the expansion parcel just south ofthei development. It isjust under five acr€s and is curr€ntly zoned residential, and Avow is requesting that this prcperty be added to the PUD with this rezone rcquest. Collectively, the sites are 20.55 acres in size, and that is inclusive ofa 3O-foot right-of-way and drainage easement that runs along Whippoorwill t ane. Updates to the PUD master plan include the addition ofthis expansion parcel. We are now showing future development areas. A loop drive has been added for circulation and access arormd the property. This will be primarily used by emergency vehicles br.rt will not be resticted. The preserve has been relocated to the southwest comer ofthe property. This is an irnproved location and will also allow for the construction ofthat loop drive. The existing preserve shown here is a recreated pr€serve and has had a difficult time being successful here. Wele added a l5-foot Type B enhanced buffer to the south. ffis abuts Andalusia a residential developmeng and we've also added a 20-foot T1pe D enhanced buffer along the east along Whippoorwill Lane. Language has been added to the PUD limiting development to just over 92,000 square feet and also limiting the p.m. peak hour two-way trips to a maximum of 79. You will notice the highlighted text here. This was actually updated just yesterday to reflect the current ITE I Oth edition data, so it is different from what you received in your packets. Individual and family social services has been added as a permitted principal use, and specific accessory uses that are directly related to Avow have been addd and the highlighted text that you see here are reflecting updates that werejust made yesterday. And I want to thank Heidi for reviewing these so quickly yesterday. We've added some additional limitations such as the childcare center is now limited to Avow employees and volunteers. The pharmacy is limited to Avow patients only. And for parking structures, in the event a parking deck is conshucted, it must be at least 50 feet from abutting residential developments, top deck lighting must be Dark Skies complian! and parapet style walls must be constructed. To recreational facilities, in the event a playground is constructd it must be at least 50 feet from abutting residential developments limited to the hours of 8 a.m. to dush and there must be no lighting and no outside amplifi ed sound. To thrift stores, we have limited this use to a maximum of5,000 square feet. In the event any other additional principal use is developed on the property, we have limited the accessory uses for those to what you see here, agai4 adding those limitations to parking decks and playgrounds. Through coordination with stafl developer commitnents pertaining to environmental, transportation, landscaping PUD monitoring and lighting have been added. I do need to note that we have also made an Page 4 of 22 October I 8, 201 8 additional change to Transportation Commitnent A, which is a commitment from the original PUD, but we have revised the language to note that the fair-share cost be based on p.m. peak hour trafiic rather than a.m. We have also added a development phasing plan which will give the county an opportunity to make roadway improvements that have been planned for Pine Ndge and Whippoorwill tane. A total ofseven deviations are being requested with this PUD. Deviation No. I is requesting a tlpe - I s-foot TWe B buffer along the southern boundary in lieu of a wall. Andalusia is a rcsidential development that abuts Avow to the south and, as shown here, you can see Avou/s -- or Andalusia's, I'm sorry, retaining wall. Avow's property line isjust about 10 feet nor& ofthis retaining wall here, so adding an additional wall here will create like a pocket or a channel which will create the opportmity for debris collection, water, and will likely be difficult to maintain. Deviation Number 2 is requesting an enhanced 20-foot TWe D buffer along the eastem boundary in lieu of a wall, and thafs running along Whippoorwill [ane. Deviation No. 3 is requesting to allow one 6-foot sidewalk along one side ofthat loop drive rather than having to provide a 5-foot sidewalk on each side ofthat drive. Deviation No. 4 is seeking to reduce the average prcserve width from the required 50 feet to an average of 29.6 feet while sill meeting the overall size rcquirement. This will allow for the proposed configuration ofthe loop drive. Deviation No. 5 is r€questing to allow up to a S-foot encroachment in this area here within the westem landscape buffer for the construction of a drive aisle. The required plantings within that encroachment area will be relocated along the same boundary as shown here. An4 agairu I'm showing you an aerial with the encroachment area here with the relocated plantings within this area. Deviation No. 6 is requesting a reduction in the littoral shelfplanting area from 7 percent to 3 percent of the overall surface area of the lake, equting to a quarter-acre LSPA. The existing lakg which is now completely owned by Avow, was established in the 1980s as a result of a bonow pit for the construction of I-75. At the time oforiginal excavation and permitting an LSPA was not required. And you can see here from this exhibiq the lake will be modified, the lake shoreline will be modified to allow the construction ofthat loop drive. And, lastly, Deviation No. 7 is rcquesting that the fuhre interconnect between the expansion parcel and the existing Avow development be provided at the time ofdevelopment order that includes the construction of this loop drive. And that concludes my presentation and Jaysen, ifyou want to come up. MR. ROA: Good moming Commissioners. My name is Jaysen Roa- I am the president and CEO of Avow. Thank you for allowing us to come this moming and present this project to you. Rather dran recapping some ofthe items that our attomey, Patrick Neale, and board member went over, I think he did an exceptionaljob ofkind oftelling you in a summary what our mission is and what ou goal ofthis project is. What I'd like to do is talk a little bit about our services as he alluded to specific to the fact that there's a misconception not only in Florida but in the United States about what hospice and palliative care services are. So although today curr€ntly we have about 360 Collier Comty residents on our hospice program and roughly about urother 85 on our non-hospice palliative care program, the majority ofthat care does not take place on our campus. And so that's one ofthe biggest misconceptions that we fight is people think ofhospice and think of it as a place as opposed to a type of carc, which is what it is. And so on this project you'll notice that we alieady have an existing hospice house that we talked about. That is only a " l6-room licensed for 20 bed" facility. So out of those 360 patients that we actually care for every single day, the maximum amount that we could ever have on our campus is 20 patients, and the primary reason for ftat is because all of our patients, primarily, out ofthat huge census number reside in their home or wherever they call home, including assisted living, as well as skilled nursing facilities in Collier County that we partner with. And so as a result of thal the majority of our staffthat we have are what we call mobile workforce. They actually use their devices to start their day fiom home and go visit their patients and their families Page 5 of 22 October 18, 2018 wherever they might live. And that staffincludes physicians, nuses, social workers, home-health aides, chaplains, as well as our wonderful volunteers. And so that's pmbably one of the bariers that we have to ovencome not only with the public but even when we're doing different projects is for people to understand the ffpe ofcare we provide and that ifs provided primarily in tle home or wherever somebody may live that's one ofour patients. And so that's kind ofthe recap I just wanted to do in t€rms ofclarifoing that this project and specifically the use on campus is a little bit differcnt than whar people might perceive only becausg again, most ofthe care that we provide is in the home or wherever somebody calls home. CHAIRMAN STRAIN: Okay. Thank you. MR. ROA: Thank you. CHAIRMAN STRAIN: We'll go to questions from the Planning Commission. Anybody? Ned? COMMISSIONER FRYER: Thank you. The size of this projec! I was a little confirsed at first I think I understand now. I just want to clarifr. The northern parcel is 15.25 acres, the southem parcel is 4.89, and then there s a 30-foot easement -- MS. HAROLDSON: That's correct. COMMISSIONER FRYER: - on dre east side, so it adds up to 20.55. MS. HAROLDSON: Yes. The original PUD did not include that 30-foot easement. COMMISSIONER FRYER: Okay. Thank you. Lefs see. The 2017 AUIR which is, of course, what you were working with when you were pulling this together, showed a deficiency oftraffic on the segment Pine Ridge to Livingston - excuse me, Livingston to I-75 on Pine Ridge of minus 93, a deficiency of93, then the 201E, that number rises to 142 peak p.m. hours, which is a point of concem and promptd me to inquire what mitigating steps would b€ taken in order to address this situation. And I had productive exchange with you, Ms. Haroldson. Let me see if I can summarize what I think is being done. MS. IIAROLDSON: Okay. COMMISSIONER FRYER: It's my understanding tlat there will be a phasing in of the uses over a period offive yean, I guess, so as to not get ahead ofthe developments that are planned for Pine Ridge; is that correct? MS. TIAROLDSON: That is correct. We did add a phasing plan as a developer commitrnent, and it's at least a five-year period for buildout. COMMISSIONER FRYER: Was that developer commitment in the material you sent me? MS. HAROLDSON: Yes. The email that I sent to you yesterday did contain thar language. It was tweaked yesterday aftemoonjust by some rcdlines that we received from Heidi adding some dates. CHAIRMAN STRAIN: It's r€flected, though, in tle highlighted version you put on the screen. MS. HAROLDSON: That's conect and I'll go back to that screen. COMMISSIONER FRYER: So it will be an exhibit to the ordinance then? CHAIRMAN STRAIN: Well, actually, the language that will - the orrdinance will change depending on how ifs voted on today to include the recommended changes that they've made. COMMISSIONER FRYER: Got it. Then the other - the way I calculate this - and I know that there's room for discussion on whether we go over the 2 percent threshold and Policy 5.1 ofthe Transportation Element of the GMP, but to me it se€ms like we do because the calculation, the way I view it, should yield an additional 6E trips mth er {an 22. Twenty-two is the difference between what you could have done and what you're proposing to do, but 68 is the difference, actually, ofreal experience that people will have on that stnetch ofPine Ridge. So thal I thinh is the number that is most important. And I understand that it's in a TCMA, and I further understand that you're going to use the parking and carpool parking and bike lanes and the like. MS. HAROLDSON: Yes. COMMISSIONER FRYER: Are you aware of any studies that validate that - those? MS. HAROLDSON: I will tum to Norm for that. CHAIRMAN STRAIN: And would you mind addressing - because I didn't read this as Ned did. Prge 6 of 22 October I E, 201 8 Your existing approved trips are 46. Your new would be - by adding &e 30,000 square fee! would bump you up to 68. So the additional new trips above what's existing if it were built out to that number, would be the 22. And I think Nedh saying it appears to him you may have 68 new trips. I don't think you do. MR. TREBILCOCK: For the record, my name is Norman Trebilcocl professional engineer, certified planner, and we prepared the Traffic Impact Stetement for the project. And, Commissioner Strain, you're correct- COMMISSIONER FRYER: trt me just intemrpt you for a second. l'm sorry, Norm. I'm referring to Page 143, Mr. Chairman, ofthe packet which shows the proposed PUDR at a total of 6E peak p.m. The existing approval is 46. CHAIRMAN STRAN: Right. COMMISSIONER FRYER: But the real experience on the road will be 68. CHAIRMAN STRAIN: No. Well, not 68 new, though. The new is only the difference between the 46 and the 68. COMMISSIONER FRYER: But 46 is existing - CI{AIRMAN STRAIN: Right. COMMISSIONER FRYER: - approved not actual traffic, though. CI{AIRMAN STRAIN: No, existing square footage that's approved. lf they - if the square footage is there, because it is approved, it would pncduce an estimated 46 trips. When they increase the square footage by 30,000 more square feet, it incr€ases the total rips to 68. So the new is only 22. COMMISSIONER FRYER: I understand. CHAIRMAN STRAIN: Go ahead, Norm. I'll let you explain it. MR. TREBILCOCK: Well, yes. I mean, from a zoning standpoint thafs what the zoning currently permits. From a standpoint ofdoing a Site Development Plan, to your point, we would show that differential, and that would have to be accounted for there. But ther€ are existing uses on the proper! already today, you know. So it isn't -- the 68 really munts fo everything. An4 agaiq moving to the l0th edition it's 79, but - COMMISSIONER FRYER: So the existing approved of 46, there are actually some of those 46 thal are on the road now? MR. TREBILCOCK: Yes, sir: yes, sir. COMMISSIONER FRYER: Do you know approximately how many? CHAIRMAN STRAN: 62,650 according to the CTS program that staffmonitors at the county. I just pulled it up. MR.TREBILCOCK: Okay. CHAIRMAN STRAIN: I mean, that's what it says, so I dont know if - there's - yeah. MR. TREBILCOCK: Yesh. I didn't run the actual, like, net new in terms of what's physically built there. I did it from a zoning standpoint. But when we go to do a Site Developmort Plan, we identifr that. CHAIRMAN STRAIN: It says - and just so you know, consnucted to dale, 62,650. MR. TREBILCOCK: Perfect. CHAIRMAN STRAN: Requested with the submittal that lhis was done under was the 2,997 that's shown up as Phase I in your r€quest in fiont of us here. So they have 62,650 according SDP submittal, and they are requesting 2,97, which triggered part oftoday's meeting. That's your numbers right there. MR. TREBILCOCK: Right. So that's actually your physical existing. So that's accounted for. So the net new really is another 30,000. So it's an accurate - COMMISSIONER FRYER: Well, Im always rying to look at what the actual delta is - MR. TREBILCOCK: I would not. COMMISSIONER FRYER: - in traffic. MR. TREBILCOCK: Right COMMISSIONER FRYER: And I realize that some of that t16 is being used now. MR. TREBILCOCK: Yes, sir. COMMISSIONER FRYER: That's been clarifred. MR. TREBILCOCK: Yes. COMMISSIONER FRYER: Getting back to the TCM strategies, special parking for carpooling and Page 7 of 22 October 1 8, 201 8 bike lanes, is there any expert shrdies out there that validate the efficacy ofthose kinds of steps? MR. TREBILCOCK: Not any - I dont have any, say, specific numbers of the r€sults of that. Ifs just kind of- there's an identified listing in our code that says, you know, here's a listing ofthings that we feel will improve conditions, which they will, but we don't really have, say, this draws down this number to this efect. But we know they do have a positive impact in terms of we can get either tle cars offthe road or have people operate more effectively. And we didn't pick some of them but you know, you can get into bus passes and stuff like thar to really try and ga vehicles offthe mad. COMMISSIONER FRYER: Okay. In any evenl I'm satisfied with the proposal, the five-year increment plan that matches up with the improvernent on Pine Ridge. I think that that's - that is meaningful. MR.TREBILCOCK: Yes. COMMISSIONER FRYER: And I'm glad that that's being offered. MR. TREBILCOCK: Yes. COMMISSIONER FRYER: The Whippoorwill extension, should it be calle4 that would create a way ouq I guess, on the southem part of Whippoorwill. What's the status of that? And isn't it being opposed by the neighbors? MR. TREBILCOCK: Maybe staff can talk to that better than me. I mean, unfortunately, I do have a long history with that roadway since 2000, I can tell yoq when I was told we'll take care ofthe east/west, you worry about the north/south. But the staffcan really probably better speak to that. COMMISSIONER FRYER: But we really shouldn't look at the southem way out as a real def[rite solution? MR. TREBILCOCK: I hope we do. As a transportation engineer and planner, I really hope we do bu! yeah, ifs not make or break for this projec! you're right yeah. Because when we did the analysis, it was really everything going to the north bu! quite frankly, thafs always been in the plan to have an east/west Whippoorwill hne. Thafs always been in the plan since 2000. If you look at the record and the development that is primarily opposing i! you know, had in there as a prerequisite for the development and each person to recognize that tha road is there and recognized and understood as such. But I get that, and this isnt you know, a Whippoorwill t ane meeting I know, but - COMMISSIONER FRYER: Understood. Okay. At the NIM the neighbon to the south were asking for a taller hedge. Now, I realize there's a.lready a wall there, and I think that it would make no sense to put a second wall to create a channel. I get all of that. And I like the idea that hedges grow and walls don't grow. But I would respectfully ask that you consider, since a 6-foot wall would have been the minimun! a 6-foot hedge rather than a S-foot hedge. MS. HAROLDSON: Yeah. I spoke to Avow about that yesterday, and they have no objection to doing that. COMMISSIONER FRYER: Okay. Good. Let's see. I think I get to uses now. And I do have some concem over the breadth ofthe uses being asked for. And I looked at the SIC codes in questiora E249,8299, and E21l through 8231, and in a few limited cases you call out an SIC code, but then you say "limited to" and then you exprcss the actual uses that you really want it to have, but in many of the others you don't do that. In many cases you just call out an SIC code and maybe have an exception. In other words, we can do everything except the exception. But I far prefer to see it the other way around, expressed in terms ofwhat you can't do, not what you can do. And I can mention some ofthese uses ifyou want that would be permitted under the language thal you have. Before I do so, would you be willing to pare this down to uses that you really want to r€tain? MS. HAROLDSON: I will have Pat come up to spesk to that, but the permitted principal uses that are in this PUD document were originally approved. The only one that weVe added is the individual and family social services. There was some cleanup work done because I think some ofthe educational services were listed inconectly, like under the nursing homes goup. So we actually just cleaned that up. So the saikethroughs and underlines that you see there for those uses werejust cleanups. COMMISSIONER FRYER: Well, I understan4 but the door has been opened nonetheless. MS. HAROLDSON: I understand. COMMISSIONER FRYER: For instance, under E299 right now, flying instruction, personal Page E of22 October 18, 2018 development schools, and survival schools would all be permittd and surely Avow is not looking to retain those uses. And, similarly, these other - particularly the SIC codes that end in 99 are just so very broad. Would you be prepared to pare those down if the Commission asked you to? MR. NEALE: Well, you know, as Ms. Haroldson said, you know, under the existing PUD, 8299 was wide open. COMMISSIONER FRYER: Well, I understand. MR NEALE: There was no restriction at all. And you know, currently we - in the current application we have pared it down to some extent. You know, I dont think anyone believes that Avow is going to have a flying school there, first because we'd have to build a runway, and so that makes it even more difficult. But I dont think that's something we're going to be concemed about, you know - COMMISSIONER FRYER: My personal preference would be that you limit the uses to things that you realistically could expect that an organization like Avow would want -- uses that it would want to employ in the future rather than just the whole array of things. Even though they were all in there, I do think the door has been opened to revisit this. So that's just my personal opinion. The other observation I have with respect to uses is in a couple ofcases you provide the language "limited to Avow employees and volunteers," such as childcare centers, but in other cases you don't. And I assume that you would agree not to publicize publicly the uses that arc listed her€ in C, accessory uses; that you would not be wanting to make these available to the public for a fee, correct? MR. NEALE: Well, under C it - basically the only one that appears not - at least the edition Im looking a! is No. 9, the recreational facilities that serve as an integral part of the development is the only one that I see that doesn't have some kind ofAvow language in it. COMMISSIONER FRYER: Well, Im looking at 10. MR. NEALE: That's an Avow-operated thrift store. COMMISSIONER FRYER: Operate4 but is it open to the public? MR. NEALE: Well, any thrift stor€ would be, because that is a fund raiser for Avow. COMMISSIONER FRYER: I see. CHAIRMAN STRAIN: But you did limit the size of thar to 5,000 -- MR. NEALE: It was limited by size. I mean, Avow currently operates a thrift store already on U.S. 41. This is not necessarily - I mean, cErtainly a thrift store you wa to have it where you've got the best possible traffic. So it's unlikely that we're going to have it on Whippoorwill Lane. That's just something if in the future it seemed to be an appropriate use, that that would be looked at. COMMISSIONER FRYER: Okay, Mr. Chairman, those are all 0te comments I have for now. CI{AIRMAN STRAIN: Before we leave your comments, Pa! would you look al A4 and the way it's worded. It says "educational services," then the parenthetical starts. (sic) 821I to 8231, commq 8349 except construction equipmen! operational schools, and tuck driving schools in E29. Is E29 being added to the uses you wan! or is it being excepted out of any use that you want? MR. NEALE: Yeah. I meau E299 - CHAIRMAN STRAN: It's a carch-all. All the 9s are. MR. NEALE: And I think it was a carryover fiom the original PUD because in A4 of the original PUD, the 90-37, it sai{ educational services Group E29, and I would surmise, even though I didn't - I hadn't really noticed this rmtil you brought it up, I think that was what happened is it sort ofjust got added on. COMMISSIONER FRYER: I actually had the same question, and I thought it was ambiguous. MR. NEALE: It could be either - it could say that you exclude 8299. CHAIRMAN STRAIN: What were you trying to do? MR NEALE: The intent was to ke€p 8299 in there just like it was in 90-37. CHAIRMAN STRAIN: For educational services? MR.NEALE: Right. CHAIRMAN STRAN: Okay. Then you would really want to say - put a commq probably 8249 except construction equipment, and then whatever the operational schools and tuck &iving schools, wherever they're part of, leave them as an exc€ption and then go, commq 8299, ndIft2 MR. NEALE: Thafs better - much better grammar. Page 9 of 22 Octob€r 18, 2018 CHAIRMAN STRAIN: Then that brings into question then, out of 8299 what are the real uses you're looking for so we can address Ned's concem. I think that would boil it down. COMMIS SIONER FRYER: That clarifies. MR. NEALE: I pulled up my list of 8299 uses. You know, I'm looking at it. The primary one that I think probably would be - and I certainly would defer to Jaysen on this one - to Mr. Roa on this one is, you know, certainly vocational counseling, schools. You know, on the rest ofthem, I don't think - you know, I'd have to have Mr. Roa take a look at it to see exactly which ones, you know, cerlainly there's not going to be a flying instruction school there. You know, I think - COMMISSIONER FRYER: Well, I dont think it would be unreasonable for us to ask you to narrow it down to what you really intend to do, MR. NEALE: Mr. Roa has no issue with that. I think rather than do it on lhe fly while we're standing here, I would propose that as we go liom here to the BCC that we would make an amendment to this' to actually narrow it down to what we actually intend to do. COMMISSIONER FRYER: Would it come back to us on consenfl CHAIRMAN STRAIN: It depends if we could - I'm not sure how many uses they're thinking out of 829, but ifyou had a handful and it was benign enough to your kind ofoperation, I don't mind ifyou want me to review it separately. I mean, when it comes in, I'd see the draft before it gets to the BCC. At least we would know they limhed it. MR NEALE: That would be great. Good. CI{AIRMAN STRAIN: Thank you. Anybody else? Stan? COMMISSIONER CHRZANOWSKI: Just a comment. Over the years my family has used these services a bi! and I've spent an unfortunate amount of time in the facility. They make good neighbors. And I want to make sure thal thafs not a conflict of inter€st, because I intend using the facilities again. MS. ASIIION-CICKO: Are you getting a pecuniary benefrfl COMMISSIONER CHRZANOWSKI: What? MS. ASTITON-CICKO: Are you getting a pecrmiary benefi! monetary benefit? COMMISSIONER CHRZANOWSKI: I dont get charged; never did get charged. I don't think anybody gets charged. So do you consider that a pecuniary benefifl MS. ASTITON-CICKO: Well, I think they provide the same service to everybody, and they don't provide a different service to you. You know - COMMISSIONER CHRZANOWSKI: Okay. MS. ASHTON-CICKO: - if you were employed by thern, the outcome of this was going to affect your employment, then you would have a conflict. But what you're saying today doesnt sound like you have a conflict. You're just like everybody else. COMMISSIONER CHRZANOWSKI: Just so long as it's clear. Thank you. CHAIRMAN STRAIN: Anybody else have any comments? Joe? COMMISSIONER SCHMITT: Some questions of staffon the staffreport when we get to it. CIIAIRMAN STRAIN: Okay. Has anybody else got any questions of the applicant? (No response.) CHAIRMAN STRAIN: I have one comment that I found useful. The idea of phasing this is really real helpful. We have tried to not increase traffic on Pine Ridge. The projects that have come in more recently have all been ones that have previous approvals, and theyve kept their uses within the traffic counts ofthose previously vested rights. Yours went above that but by delalng ig especially the one past 2020 and those. According to the latest AUIR we received, Whippoorwill and Marbella lakes Boulevard will be interconnecte4 and the construction stafis on that in 2020. So you're going beyond that even. So by the time you get into some ofthe bulk ofyour activities, theoretically - and iftransportation keeps up to what was in the AUI& we would have that connected to a point where that would dramatically relieve the trips on Pine Ridge Road. So on that basis, I don't really have any questions. You've answered all the ones that I brought up to you at our meetings, and so I'm fine with that at this point. Page l0 of 22 October 18, 201 8 And we'll move on to staffrcport then. MR. NEALE: Thank you. MS. GUNDLACH: Good moming Commissioners. Nancy Gundlach, for the record, principal planner with tlre Zoning Division. And staff is recommending approval of the Avow Hospice PUD rezone, as it is consistent with the Growth Management Plan and the l,and Development Code. And if you have any questions this moming, it would be our pleasure to answer them. CHAIRMAN STRAIN: Okay. Joe? COMMISSIONER SCHMITT: Yeah, I'm jus! again, being critical of the staffreport. Page 78 of our documen! it's your Page 6 of 19 where we talk about the 68 p.m. peak houn. I think it would have been far clearer had you just stated that there are 46 existing peak hour traffic currently approved, and so the 68 would represent an additional 22. That would have far clarified that sentence, because I looked at that, and they sai{ well, there's already development there, but you didn't make thal clear in the report, so that's my recommendation, next time we talk about something like this, that you make it clear. Second, down the paragraph it says specific TMDS - or TDMS. I believe those are the ones that we've already discussd are they not? Those are the measures that you would implement, trans;rortation demand management strategies? MS. GUNDLACH: We could ask transportation staffto do that. COMMISSIONER SCHMITT: It would have been nice to have that specified in the report. It just says you're going to look at those at time of SDP. CHAIRMAN STRAIN: Actually, they've got a variety of ones to choose from, and I would hope that in the variety there's even more effective ones than the two they mentioned, but at least they mentioned two that they could, as examples. COMMISSIONER SCHMITT: It would have been good to put that in the staff repor! thafs all. I'm going to go down to ltem 16. This is on page - your page - Staff Report Page I I of 19. "Any development anticipated in the PUD document would rcquire considerable site alteration." What are you talking aboufl The site's already principally developed except for one portion. This is sort ofa canned language that'sjust carried over, and itjust is inapplicable to tlris review. I have no idea - what are you refening to? That seems to be a coined statement for any PUD developmen! and that really do€s not apply to this staff report. Just a point of note. And then Page l2 of 19, this is Item 6, "The roadway infrastructure is sufficient to serve the proposed project." Well, we've already discussed it isn't. I dont know why we made that statement. CHAIRMAN STRAIN: Pmbably the TCMA standards that allow it to be aggregated with the entire area so that a percentage applies ifyou use some of the TDM strategies, which they're doing, so that's probably how they came to tlat conclusion, so... COMMISSIONER SCHMITT: Correct. But they should have made that clear in this statement. Again, I'm being critical ofthe review. I read this stuff, and it doesnt - it all seerns to be canned r€sponses but not totally and directly applicable to the review. Thafs my critical comments. The r€st of it I have no pmblem with. Thank you. CHAIRMAN STRAIN: Okay. Anybody else have any - COMMISSIONER SCHMITT: I would ask that when we do these staffreports we pay attention to the summaries. I do read them. MR. BELLOWS: For the record, Ray Bellows. When I read the one you're talking about, site alteration, I took that to mean the new parcel being added. COMMISSIONER SCHMITT: Right, but -- MR. BELLOWS: But I undeNtand what you're saying canned language, and we'll look at that more closely. COMMISSIONER SCHMITT: Your remning is for the entire piece of property, which is abouq effectively, 80 percent already developed. MR. BELLOWS: Understood. Page ll of22 October 18, 2018 CHAIRMAN STRAIN: Anybody else have any questions of staff? (No response.) CHAIRMAN STRAIN: Ray, do we have registered public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Are there any members of the public here who would like to speak on this matter? (No response.) CHAIRMAN STRAN: Okay. With that I dont think we need a rebuttal by the applicant. And we can move into a motion from the Planning Commission. I have tkee notes. We're going to have to vote on this both as the Planning Commission, CCPC, and the EAC. Any motion might want to contain that it be subject to amending 8299 for the uses they intend to do and that weVe accepted the modifications as they've presented them in the highlighting with the exception ofthe 8299 point. COMMISSIONER SCHMITT: Make a motion we approve with the comments as stated by Chairman Strain noting the changes in the SIC codes and in the phased development and the additional comments presented today. CIIAIRMAN STRAIN: And that motion is for PL20l 70002501, and it's the motion on behalf of the Planning Commission, I would assume, righfl COMMISSIONER SCHMITT: Yes. Motion on behalf of the Planning Commission. COMMISSIONER CHRZANOWSKI: I'll second. CI{AIRMAN STRAIN: Seconded by Stan. Discussion? COMMISSIONER FRYER: I'd ask for the mover and seconder to consider amending the motion to include the requirement of a minimum of 6-foot hedge on the south side. COMMISSIONER SCHMITT: I believe they agreed to that, yes. CHAIRMAN STRAN: That's fine. Motion maker agrees and Stan? COMMISSIONER CHRZANOWSKI: Yes. CIIAIRMAN STRAN: So that will be added into tle new revised languags that you submit for review. Okay. Call for the vote. All those in favor, signifr by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONERHOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN STRAN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion canies 5-0. Is there a motion on behalf of the EAC? COMMISSIONER SCHMITT: I make similar motion on behalf of the EAC. COMMISSIONER C HRZANOWSKI: Ill second. CHAIRMAN STRAIN: By Stan. Discussion? (No response.) CHAIRMAN STRAIN: AII in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion canies 5-0. Thank you. I would like to make a point to Davidson Engineering. The presentation you did is Page 12 of 22 October 18, 2018 extremely helpfirl. You're probably the only ones doing them to this kind of detail. I hope others catch on. It was very helpful to this board, and, most especially, it's helpfirl for the public to see what we're talking about, and that can usually only be done when it's on the overheads. Instead of handouts, you're using these graphical illustrations. So ifs a good move. Thank you very much. MS. HAROLDSON: Thank you. COMMISSIONER SCHMITT: Well done. CIIAIRMAN STRAIN: That takes - COMMISSIONER SCHMITT: I wouldn't mind getting that beforehand if you wan! before the meeting, if staffwould ever send those out. MS. IIAROLDSON: Okay, yeah. We'll send them out. CHAIRMAN STRAIN: To the extent they're available, yeah, because they probably modi! - this one, now you can tell, was modified as ofyesterday because the new language was added to it. MS. ILq,ROLDSON: Conpct. CIIAIRMAN STRAIN: If you do send them out, caveat it that it's subject to modification right up to the point of the moming of the meeting. MS. I{AROLDSON: Okay. Thank you so much. MR. NEALE: Thank you. CHAIRMAN STRAIN: **tOkay. And that gets us to our second public hearing. Ifs the advertised public hearing A2, PL20160001023. It's the Windsong PUD loc{ted at the nordrwest comer of the County Bam Road arld Rattlesnake Hammock irtersections. All those wishing to testif on behalfofthis item, please rise to be swom in by the court reporter. (The speakers were duly swom and indicated in the affirmative.) CI{AIRMAN STR{N: Disclosures; we'll start with Mr. Eastrnan. MR. EASTMAN: None. COMMISSIONER CHRZANOWSKI: None. CHAIRMAN STRAIN: NCd? COMMISSIONER FRYER: None. CHAIRMAN STRAIN: Way back when, when this startd I don't know how many different groups of people were involved in it I had a lot - some interaction with emails and discussions with staff, the commissioner from the distric! the atomeys representing them at that time, and since this new application, I don't know if ifs new application or regurgitation oftlre old one, but I haven't had any recort correspondence or discussion with them. Karen? COMMISSIONER HOMIAK: Nothing. CHAIRMAN STRAIN: JoE? COMMISSIONER SCHMITT: None. Just I certainly recall this from my days when I was with the, at that time, Community Development and involved in the original zoning. CIIAIRMAN STRAN: Okay. Is there someone from tre applicant making a presentation? I'm sure someone's going to be here. MR. BARBER: Good moming Commissioners. I'm Tom Barber from Agnoli, Barber & Brundage. I appreciate the opportunity to be here. I'm presenting today to you a PUD amendmant for the Villas ofGreenwood lake. Ifs a residential community. It's existing. It was built in the late '90s. As port oftheir PUD, they were required to have a certain amount ofpreserve on site, and that's been bounded in conservdion easement Since that time there's been some expansion in the community and local arEa, and they wish to have their community buffered and screened a little bit more than it cunently is, mainly on the east side abutting County Bam Road. There's a preserve there now that exis8, and the conservation eas€ment extends right up to the pmperty boundary. So we're requesing that we could vacate 28 feet ofthat prcserve and be allowed to plant a buffer and possibly a concrete wall dlere. Page 13 of 22 October I 8, 201 8 ln replacement ofthat easernent rracation, we're proposing to add a conservation easement to tie southeast portion ofthe site. The total acreage ofthat new preserve for the entire site would be 6.12 acres- Right now the preserve is 5.47 acres. So it is an increase in preserve area. The PtlD does require 16 perceng and that 6.12 acres would be over that l6 percentjust barely. Thafs really the extent ofthe proposal. Do you have any questions? I'd be happy to answer. CHAIRMAN STRAN: Okay. Questions of the applicant? Anybody? Ned? COMMISSIONER FRYER: I only had one, and it had to do with a matter that we usually dont get involved in, and appmpriately we donl but this one s€ems to provoke a need for some discussio4 and it has to do with site control. There was disagreement that came out at the NIM over, you know, whether the HOA had the authority to and did in fac! by the appropriate vote, following all the particulan required, approve this. And intemal matters like that generally I don't think are widrin our purview unless they touch on site control. And so we're talking about common elements, and I assume the HOA is the record owner of those common elements. So I'd ask the question, and maybe it's for the County Attomey. Is there an issue here? Has it been reviewed? MS. ASTITON-CICKO: The question you're asking is whether or not the homeowners association took the required vote in order to proceed going forward. COMMISSIONER FRYER: Yes. MS. ASHTON-CICKO: Can you answer that question? Scotg did you look at it? MR. BARBER: Yes, they did take the appropriate vote. And if you wish, Dick Barry, the president ofthe homeowners association, is here, and I'm sure heU be happy to speak to that matter. CHAIRMAN STRAIN: Usually, drough, the County Attomey's Office checks that before it even gets scheduled. So let'sjust wait and see if it's alr,eady been verifid and tut will help the issue. MR, STONE: Scott Stone, assistant county attomey, for the record. I have the paperwork back there. I do know that they provided evidence of inherent authority through their HOA docs, but I do believe they also took a vote at a meeting and provided evidence ofsuch fiom my review. COMMISSIONER FRYER: t think therc were actually thr€e votes, and the first two didn't pass. MR. STONE: I do recall seeing minutes in which it was approved and during that discussion they had talked about the cost of it and everyfting. And I felt that there was sufficient evidence at the time that I received it. COMMISSIONER FRYER: That's all I have. CHAIRMAN STRAN: Anybody else? Joe? COMMISSIONER SCHMITT: On the same note. From what I understan4 the principal reason for this is to construct the fence. MR. BARBER: (Witness nods head.) COMMSSIONER SCHMITT: And then we had numerous submittals of objections, and they were objecting to paying for the fence which really had nothing to do with the zoning. I mean, we were provided that information. I think it's fine, but that's the community's problem, not the zoning board's problem. And Ijust found it interesting. Was that even something that should have been in the staffreport, or you just thought it was something that we should have had? I guess I would -- I'm asking staff, because there are a lot ofletters ofobjection but not objecting to the remning. They're objecting to paying for having a wall put up. CIIAIRMAN STRAN: All fre letters of objection ought to be sent to us. It would probably be up to us to sort them out. I would rather not leave that duty to the staff. Ifthere's a letter ofobjection that comes iq we see it. COMMISSIONER SCHMITT: Yeah, that's fine. I just saw them in there and I said, noted, but it really had nothing to do with the request for rezoning. You'll get the rezoning. And ifthe people object to paying for the fencg they can object to the homeowners association. Thanks. CIIAIRMAN STRAN: Anybody else? Page 14 of22 October 18,2018 COMMISSIONER CHRZANOWSKI: And you have to get a permit to put the fence up, and the permit has to be approved by the county ard reviewed by the county - COMMISSIONER SCHMITT: Right. COMMISSIONER CHRZANOWSKI: - and there's checks and balances all along. CIIAIRMAN STRAIN: Yeah. I know they cant put a structu€ up without a permi! so... COMMISSIONER CHRZANOWSKI: Right. CIIAIRMAN STRAIN: Okay. Anybody else? COMMSSIONER SCHMITT: Basically, the request for the change I have no problem with. CHAIRMAN STRAIN: Okay. Thank you. We'll go to stafFrcport. Gilbere MR. MARTINEZ: Good moming. For the recond, Gilbert Martinez, principal planner with the Zoning Division. We have reviewed this petition for consistency with the Growth Management Plan as well as the [,and Development Code and, hence, recommend thaf you forward this to the Board ofCounty Commissioners with a recommendalion of approval. CHAIRMAN STRAIN: Okay. Thank you. Any questions of stafl COMMISSIONER SCHMITT: No comments on the staffreport. CHAIRMAN STRAIN: Okay. Ray, do we have any public spea.kers registered? MR. BELLOWS: One speaker. Marielle Kitchener. CHAIRMAN STRAIN: Ms. Kirchenet come up on. Please, when you identifr yourself, spell your last name so we get it right for the rccord. MS. KITCI{ENER: Okay. Marielle Kitchener. K-i-t - CHAIRMAN STRAIN: And you've got to pull your mike a little closer. Sorry. MS. KITCHENER: Marielle Kirchener, K-i-t-c-h-e-n-e-r, with Turrell }Iall & Associat€s. I was just going to speak if you guys needed to ask questions on the environmental. Ct{AilU\y[{N STRr{IN: You're associated with the applicanfl MS. KITCIIENEk Yes. CHAIRMAN STRAIN : Yeah. You wouldn't have to rEgister to speah but thank you for thinking ahead. We would havejrst - generally you would havejust popped up as part ofthe team. Okay. MS. KITCHENER: Okay. Thank you. CII{IRI'{AN STRAIN: Thank you. Is there anybody else, Ra/ MR. BELLOWS: That's it. CTIAIRMAN STRAIN: Is tiere any member of the public here who would like to speak on this mattefl (No response.) CI{AIR}{.AN STRAN: Okay. Hearing none, we'll close the public hearing and we'll entertain a motion. Is there a motion from the Planning Commission? COMMISSIONER HOMIAK: Motion to approve. CHAIRMAN STRAIN: Made by Karen. Seconded by? COMMISSIONER FRYER: Second. CHAIRMAN STRAN: By Ned. Dscussion? (No rcsponse.) CHAIRMAN STRAN: All in favor, signifr by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 15 of22 October 18,2018 CIL{IIUIIAN STRAIN: Motion canies 5-0. Gilber! congratulations, this is your first one in front of the Planning Commission, isn't it? MR. MARTINEZ: Thank you very much. COMMISSIONER SCHMITT: And I had no questions on the staffreport. MR MARTINEZ: Keep it that way. CHAIRMAN STRAIN: Boy, I bet you were sweating on that MR. MARTINEZ: Got my attention. CIIAIRMAN STRAIN: He's hearing the previous one thinking, oh, no. Okay. Thank you. +++And that takes us to the next item up, which is the third advertised public hearing. It's 9A3. Ifs PL20180001205. It's the adoption hearing for the Comprehensive Planning section ofthe Collier County Growth Management Plan relating to aflordable housing. All those wishing to testifi on behalfofthis item, please rise to be sworn in by the court reporter. (The speakers were duly swom and indicated in the affirmative.) CI{AIRMAN STRAIN: Okay. And disclosures - Heidi, do we need disclosures on an adoption? MS. ASI{TON-CICKO: No, you don't. CIIAIRMAN STRAIN: Okay. Thank you. Okay. Corby, it's all yours. MR. SCHMIDT: Yes, good moming, Commissioners. I am here to present, quickly, the information regarding the adoption ofwhat you've previously seen in transmittal, these amendments to four elements of the Comprehensive Plan, including the Housing Element. CHAIRMAN STRAIN: I dont think you're mike's picking you up. I'm sorry, Corby. It's a liftle - it's not as sensitive as usual, so... MR. SCHMIDT: All right. But what you previously saw in transmittal as a resolution, which included all four elements in one documenq have simpty been divided up into four individual ordinances, and those changes tlemselves have not changed. They are as you saw them in transmittal. Those affordable workforce housing changes that affected the density rating system you're familiar with. Ifyou have any questions, I'm here. CHAIRMAN STRAIN: Okay. Questions of staffon part of the Planning Commission? Ned? COMMSSIONER FRYER: I just have one. When we look at this, when you look at it do you consider the effect ofadditional traffic coming from increased density with regard to traffic volumes along hurricane evacuation routes? MR. SCHMIDT: As a comprehensive planner, yes, sure. COMMISSIONER FRYER: So thar's been looked a! and we're comfortable that this isn't going to unduly shess evacuation in the event ofa hurricane? MR. SCHMIDT: This does not have that kind of impact this change. CHAIRMAN STRAIN: Go ahead, Mike. MR. BOSI: Thank you. Mike Bosi, Planning and Zoning. Commission, just for firther clarification, we - this is a revision to the Growth Management Plan related to the affordable housing bonus and the term ofaffordable housing how it's utilized. It's not - we're not analyzhg hansportation concurrency efects upon any individual one roadway segment. Those would be analyzed when a project came in that was exercising this increased density within these - within the project on a pmject-specific basis. So that application and its impact to the additional traffic that would be associated by the additional densiry would be what would be analyzed on that individual application against hurricane evacualion routes, against concunency management system on a link-byJink anafsis as we normally perform. So this was just provided for the opportunity to seek higher densities for affordable housing because ofthe value that we as a govemment place upon the needed - that needed commodity, but then the individual application ofanalysis would be relegated to each petition towards how it affece those individual areas. Page 16 of 22 October I 8, 201 8 COMMISSIONER FRYER: That clarifies it. Thank you. CHAIRMAN STRAIN: Okay. Anybody else? I have a few questions, Corby, and the pmblem that I have is when I have to read something twice, I always end up finding things I should have asked the first time. So I apologize in advance for thaq but maybe you can help me through it. On Page 15 ofthe - that's actually - it shows up as - on the bottom of the page it says 6, but it's Page 15 electronically. It talk about rual village sizes and densities. And I know we're refering to RFMtlD, but C3 - and youve had some crossod-out language, and I'm thinking you pmbably need to cross out morc than just the five words you have crossed out. I would suggest putting a period after where it says "low-income residence," perio4 and cross out "and for entry level and wor*force buyers," because whether they're buyers or renters, isn't this going to be applying bodr directions? So just low-income residence would suffice, wouldnt it? MR. SCHMIDT: I see. CHAIRMAN STRAIN: Does that work? Okay. And let me - I'm trying to understand - now, the function of the GMP is to set standards that the LDC then has to implemen! if I'm not mistaken. And in dre implernentation of the LDC language, you can't exceed something that's restricted in the GMP. Are those - that's a fair staternenfl MR SCHMIDT: Itis. CHAIRMAN STRAIN: Okay. At some point in the pas! the Board established 150 percent as the ceiling for affordable housing. Now, the newest plan out is reducing that to 140 perc€n! and that 140 percent is being mirrored in this document. But if we at some point in the firture wanted to go back to 150 percent for some reasoq we would have to change the GMP. But if we left the I 50 percent in, and jus! in the implementation ofthe LDC, restricted it to 140 perc€nt, wouldnt that provide more flexibility for the Board in the firture? MR SCHMIDT: It may, but that's not the reasons for the procedure thaf we're going through. A number ofchanges have been taking place that we're trying to march up witlq definitions and so forth, at the state level that we're retuming to, tre brackets of the housing and so forth. The reasors are different than that. CIIAIRMAN STRAIN: Well, I'm sorry. Maybe I don't - maybe I haven't - I don't understand what you're saying. The reasons - do you know what the reasons are that we bumped it up to 150 p€rcent to begin with? And do you know that we're never going to want those again? All I'm suggesting is why change it if we can do that tlrough the LDC and we can only then change one document. Mike? MR BOSI: Mike Bosi, agairl the director of Planning and Zoning. Remember, this initiative and this direction from the Board of County Commissioners came out of their acceptance ofthe housing reporq and one ofthe first phases ofthe recommorded actions, the Boand, in the deliberations, decided that they wanted to lower it fiom 150 to 140. So thdve provided the direction specifically towards whether we wanted to make the change. I would agree with you that leaving it at 150 within the GMP doesn't invalidate if we would restrict it down to 140 and gives us more leeway. We could most certainly put that as a note as we bring it to the Board of County Commissioners - CHAIRMAN STRAIN: That's all I would ash Mike, is that if you could just note to the BCC by leaving it I 50 it provides them with flexibility, but the limitation, if it's in the LDC, locks it in. MR. BOSI: We can provide tut distinction within the executive summary moving forward to the Board of County Commissioners. CHAIRMAN STRAIN: Because we did it - we bumped it up for some reason back in the day, and I cant rernember why. But trere might have - whatwer reason that is might pop up again, and if we do, it would be handy to be able just to do it in the LDC and not have to go through a GMP change. MR. BOSI: The reason why you would include it from 140 to 150 is it just - it includes a larger pool ofindividuals towards who would be eligible for assistance for housing. CIIAIRMAN STRAN: BJght. MR. BOSI: That's the main reason. Page 17 of 22 october 18, 201 8 CHAIRMAN STRAIN: So that might be - COMMISSIONER HOMIAK: That was when they added the word "workforce." CIIAIRMAN STRAIN: Well, could be, but it might be helpful - but the Board might benefrt from leaving it in the GMP at 150. So that's all I'm suggesting. And then that's all lve got from last time we looked at it. So other than that question and the change in that strikethrough language, I don't have any more. Does anybody else? (No response.) CHAIRMAN STRAIN: Okay. Corby, that wraps - do you have any other issues? MR. SCHMIDT: Nothing else. CIIAIRMAN STRAIN: Okay. So we've got staff Is there any member of the public here to talk on this item? (No response.) CHAIRMAN STRAN: Okay. Hearing none, is there a motion from the Planning Commission for PL20180001205 to recommend adoption as noted to the Board ofCounty Commissioners? COMMISSIONER FRYER: So moved. COMMISSIONER CHRZANOWSKI: Second. CIIAIRMAN STRAIN: Made by Ned, seconded by Stan. Discussion? (No response.) CIIAIRMAN STRAIN: All in favor, signifu by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMLAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN STRAN: Anybody opposed? (No response.) CI{AIRMAN STRAIN: Motion carries 5-0. Thank you. Thank you, Corby. MR. SCHMIDT: Thank you, Commissioners. CHAIRMAN STRAIN: ***The next two up, we will discuss them concurrently and vote on them separately. We'll be voting on these as the EAC. And ifs a modificalion to two side-by-side mines. l'll read both the numbers of. It's PL20180002282, which I believe is the Phase I east side ofthe mine area in question, and PL20l E0002284, which is the west side of the phase - ofthe mine in question in the Phase 2 part that has yet to be constructed. And, Matt, fll hm it over to you at this point. MR. McLEAN: For clarification, it is - this is Matt Mclean, director of Development Review. It is flipflopped on that. Phase I is actually the westem side. Phase 2 is the eastern side. CI{AIRMAN STRAIN: That's right. I'm sorry. You're right. I visualized i! but I did a Rich Yovanovich; I got my direction mixed up. COMMISSIONER CHRZANOWSKI: I'm telling. CHAIRMAN STRAN: Mat! do you want to provide any comments from stafl MR. McLEAN: Just from staffs perspective, I mean, we've reviewed both applications with respect to the Gro*th Management Plan and the Code oflaws and respective LDC, and staffsupports the approval of them. Essentially, they're taking two existing mine approved permits now that they're under common ownership and excavating them into one large lake. That's the purpose ofthese two applications; essentially cutting the strip out ofthe two previously approved lakes. CHAIRMAN STRAIN: And I looked back at the history of this, and I noticed a certain county engineeds name all over it. COMMISSIONER FRYER: I saw thaL too. Page 18 of22 October I 8, 20 I 8 CI{AIRMAN STRAIN: Stan, do you have any comments? COMMISSIONER CHRZANOWSKI: No. CHAIRMAN STRAN: Okay. I figued I'd give you the benefit of sarting otrt. COMMISSIONER SCHMITT: As well as my name signing the previous zoning. CHAIRMAN STRAIN: Yes, yours, too; yup, both of you guys. COMMISSIOI.IER HOMIAK: So it must be right, then. CHAIRMAN STRAIN: Yeah. COMMISSIONER CHRZANOWSKI: Well, it was back then, but I don't know about now. CHAIRMAN STRAIN: And I have already went though my questions with Matt to save all of you a lot of tedious time for some clarificalions I needed. Mafi provided them all, and so I'm in good shape with the understanding of it Are there any questions? And ifthere's none, staffreport is complete. Is there a member ofthe public here willing to speak - wanting to speak on this item? (No response.) CHAIRMAN STRAIN: Hearing none, we will close the - COMMISSIONER SCHMITT: I think we ought to give Clay a hard time anyway just because. CHAIRMAN STRAIN: Yeah, he gets it easy every time he comes in, I noticed. Okay. So I'm going to ask for two separate motions. The frst one from the EAC viewpoint is PL20|E00022E2. It's for the Phase I mine. Is ther€ a motion to recommend? COMMISSIONER SCHMTT: Make a motion to recommend approval as proposed. CHAIRMAN STRAIN: Is there a second? COMMISSIONER FRYER: Second. CHAIRMAN STRAIN: Seconded by Ned. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signi$ by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: AyE. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN STRAIN: All fiose opposed? (No response.) CHAIRMAN STRAIN: Motion canies 5-0. The second one is PL20180002284, and it's for the Phase 2 location. Is there a motion? COMMISSIONER SCHMITT: Make a motion to approve as proposed. COMMISSIONER FRYER: Secood. CHAIRMAN STRAIN: By Joe, seconded by Ned. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signi! by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER I{OMTAK: Aye. COMMISSIONER SCHMITT: Aye. CII{IRivI{N STF\.AIN: Anybody opposed? (No response,) CII{IRIVI{N STRr{IN: Motion carries 5{. Now, StarL I thought you'djump in as a second so you two guys could - COMMSSIONER CHRZANOWSKI: I didn't know if that was a conflict of inter€st. CHAIRMAN STRAN: Okay. And that wraps us up for the public hearings that we have. Page 19 of 22 October 18,2018 ***The next item is a new-business item. It's the only new-business item scheduled. It's l0A. And this is in response to Stan - Board Member Stan's request for an update on the sea level rise review by Collier County, and I think Mike Bosi was going to provide that, so... MR. BOSI: Agai4 Mike Bosi, Planning and Zoning director. lm not providing a specific presentation on the substance ofthe matter. I'mjust letting the Planning Commission know that on October 23rd, tle next board meeting, the Board will be provided a formal presentation from Amy Patterson's group related to the issue ofsea level rise. And I wanted just to provide the Plarming Commission the opportunity, would you like that same presentation, the same opportunity to interact with the consultanfs team rclated to the prcsentation the Board's going to receive on fte 23rd? COMMSSIONER CHRZANOWSKI: Can we get a little preview of what might be discussed? CIIAIRMAN STRAIN: Are you going to use a PowerPoint on the 23nd, Mike? MS. PAfiERSON: Yes. CIIAIRMAN STRAIN: Yes, so I think the - and that was a female voice I heand, so it wasn't you. MR. BOSI: Just for clarification, I am not making a presentalion to the Board of County Commissioners. CHAIRMAN STRAIN: No. I assume you said Amy would. MR. BOSI: Yes. CHAIRMAN STRAIN: It would be helpful if you would send the presentation you're going to use anrvay to the Board to the Planning Commission, and that way we'd have a chance to digest. And then maybe at another meeting if so desired, you could come baclg and we could ask questions fiom that presentation ifthey're not answered at the Board's review. MR. BOSI: With tha! I can coordinate with Amy who - you know, to make sure - we'll get you the PowerPoints, and then we'll just take it at the next meeting ifyou guys wanted to have a specific continuation item, or when you'd like to have another discussion with it just let us know, and we'll most certainly make sure that Amy can be available. CHAIRMAN STRAIN: Why don't we get the PowerPoing and then after it's disaibuted give us a little time to read it. At the next meeting, we'll ask if we want to have firther discussion on i! and we'll schedule that appropriately. I'm curious to see how the Board's going to handle it, because it may resolve all the issues anybody - we may have, or at least that part of it. Joe? COMMISSIONER SCHMITT: Just a question. Is this something the Board had asked for? I believe it is, if I'm not mistaken. Second, in response to that, is this being presented as information to the Board, or are you asking for policy guidanc€ as to what measures that the county should be taking in order to prepare itselfl MS. PATTERSON: Hi. Amy Patterson, for the recond, director of Capital Project Planning. WeVe been updating the Board fairly regularly for the last couple ofyears related to our efforts with sea level rise. We are engaged with NOAA and FGCU and the University of Florida and others on a three-year study modeling and other things related to sea level rise and storm surge. We'll be giving an update on that. There are several other initiatives underway, including exploration ofa Southwest Florida regional compact similar to what they have on the East Coast. That will be the only direction we're seeking from the Board is to continue with their direction for us to seek out partnerships and work on this compact initiative. The rest is informational only walking them through what's changed in the last year. The things we are looking at are a wlnerability assessment moving along with the NOAA study, as well as working towards an adaptation plarming study. COMMISSIONER SCHMITT: Vulnerability study in regards to the storm surge or in combination ofpotential sea level rise and storm surge? MS. PATTERSON: The wlnerability assessment will start out particularly related to sea level rise; however, surge does have to be taken hto consideration alone and as a part ofsea level rise. That Page 2O of 22 October I 8, 201 8 vulnerability assessment will also take into consideration the work being done by the NOAA team and the NOAA study and will set the stage for the adaptation planning process. COMMISSIONER SCHMITT: Okay. And that presentation" does it have all historical data showing what you're going to send us, we can look and see the historical data and give us an idea ofwhat has happened in the past and the predictions? MS. PATTERSON: Yes, a little bit. We are working on a modification to the Floodplain Management Plan, which is the only adopted rate-of-rise number that we have in Collier County right now. There was an error identified. We worked through the Board with this last year, and we'r€ working to update that number. We know what the numb€r is for 2060, and that number is consistent with what's being used in the NOAA study, so you will see that at a pretty high level of detail. This was requested by the Board. Commissioner Fiala specifically asked for an update on sea level rise. So that's why we're going at this time. Bu! yes, there's been a lot ofwork done on these numbers. Unfortunately, it is an evolving issue, and so there's consant information being fed in. COMMISSIONER SCHMITT: Also a highly debated issue as well. MS. PATTERSON: Absolutely, absolutely, and we expect that there will be more changes when IPCC convenes in 2019. Theyjust released an interim report r€lated to 2040. COMMTSSIONER SCHMITT: Okay. Thank you. COMMISSIONER CHRZANOWSKI: You have to rcmember, surge doesn't change from year to year unless they adopt stronger storms or unless the sea level rises- So a simple surge study does nothing, because that's been done to death. COMMISSIONER SCHMITT: That's been done, SLOSH models. All the other models have been done. COMMISSIONER CHRZANOWSKI: Right. But when the sea level rises and when they adopt - when they come up and say, hey, we might get a Category 6, you know, then you start looking at your surge models again. So, yeah, good. Andjust as an aside, I noticed the interview with Representative Francis Rooney in one ofthe Washington papers, and he is now a believer. He's a Republican. COMMISSIONER SCHMITT: Well, the fact of the matter is it's going to cost a lot of money or be very Draconian in what they're going to have to do ifthey believe they want to take action. COMMISSIONER CHRZANOSWKI: There's nothing you can do. COMMISSIONER SCHMITT: Eliminate all development west of 41, I guess. COMMISSIONER CHRZANOWSKI: There's nothing you can do. When the water comes up, there's nothing you can do. COMMISSIONER SCHMITT: Yeah, I know. CHAIRMAN STRAIN: One question, Amy. MS. PATTERSON: Sure. CHAIRMAN STRAIN: The City of Naples contacted me, Greg Strakaluse. MS. PATTERSON: Strakaluse, yeah. CHAIRMAN STRAIN: They definitely are concerned, or they'd want to be involved. MS. PATTERSON: Yeah. CHAIRMAN STRAIN: I hope you've reached out to them and they are aware ofyour presentation on the 23rd. MS. PATTERSON: They are aware. Ill reach out to Greg and be sure that he's awarc. But Dr. Savarese and his group that's working on this NOAA study has a very large group of usen that are participating in all of this review ofdata as well as, ultimat€ly, the end product that's going to be something thafs for local govemments. So there are representatives from the City of Naples. Cotmcilwoman Penniman has been in attendance at some ofthese meetings relative to the potential compact. So the direction ofthe Board was for us to continue these conversations with all ofthe stakeholders, local govemments, state and federal, so this is a pretty broad initiative. CHAIRMAN STRAIN: Great. Thank You. Page 2l of 22 October 18,2018 Anybody else? (No response.) CHAIRMAN STRAIN: We appreciate the updale, Mike; thank you. An4 Amy, thank you. We'll look forward to seeing the PowerPoint Then when we got down to reviewing that at one ofour future meetings, weU discuss it firther. Okay. That wraps up the new business. Is there any old business? (No rcsponse.) CHAIRMAN STRAIN: Is there public commenfl (No response.) CHAIRMAN STRAIN: Nobody's left. Is there a motion to adjoum? COMMISSIONER SCHMITT: Motion to adjoum. CHAIRMAN STRAN: Made by Joe. COMMISSIONER FRYER: Second. COMMISSIONER CHRZANOWSKI: Third. CILq.IRMAN STRAIN: Secondod by Stan. All in favor, signifr by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSTONER SCHMITT: Aye. CHAIRMAN STRAIN: We're out of here. **i:l'lrtl There being no further business for the good ofthe County, the meeting was adjoumed by order of dte Chair at I 0: 1 3 a.m. ATIEST CRYSTAL K. KINZEL, CLERK OF TT{E CIRCTIT COI,]RT & COMPTROLLER These minutes approved by the Board o, lt-t5''-t8.^ w*rtd l,/ oras corrected TRANSCFJPT PREPARED ON BETIALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTERANDNOTARY PUBLIC. Page 22 of 22