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CCPC Minutes 03/17/2008 GMP (pm) March 17, 2008 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 17,2008 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 6:00 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Brad Schiffer Donna Reed Caron Bob Murray Robert Vigliotti David Wolfley Tor Kolflat (absent) Paul Midney (absent) Lindy Adelstein (absent) ALSO PRESENT: David Weeks, Comprehensive Planning Marjorie Student-Stirling, Assistant County Attorney Page 1 REVISED AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., MONDAY, MARCH 17, 2008 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA. NOTE: NO LATER THAN 3:00 PM, THE CCPC INTENDS TO ADJOURN THE HEARING, THEN RE-CONVENE A T 6:00 PM TO HEAR ITEMS 4.8. AND 4.C. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF 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. \. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS A. CP-2006-1, [RE-ADVERTISED FOR 5:05 P.M. ON MARCH 24, 2008 AT THE IMMOKALEE CAREER & SERVICES CENTER, 750 SOUTH 5'" STREET, IMMOKALEE. FL 34142.] Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use MaD and MaD Series (IAMP/FLUM), to change the FLUM designation from Urban-Mixed Use District/Low Residential Subdistrict to Urban-Commercial District/Commerce Park at Silver Strand Subdistrict to allow Business Park zoning district uses; Industrial uses; select uses from the General Commercial (C-4) and Heavy Commercial (C-5) zoning districts; and uses allowed within the General Office (C-1), Commercial Convenience (C-2) and Commercial Intermediate (C-3) zoning districts of the Collier County Land Development Code, not to exceed 1,000,000 square feet of gross leasable floor area, on property located on the East side of Immokalee Road, approximately ~ mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East, consisting of 164.87:t acres. [Coordinator: Michele Mosca, AICP, Principal Planner) B. CP-2006-2, [HAS BEEN WITHDRAWN BY THE PETITIONER] Petition requesting an amendment to the Golden Gate Area Master Plan. includino the Golden Gate Area Master Plan Future Land Use MaD and MaD Series (GGAMP/FLUM), to change the FLUM designation from Residential Estates and Neighborhood Center Subdistricts to NEW Estates Shopping Center Subdistrict. to allow commercial land uses consistent with the General Commercial (C-4) zoning district of the Collier County Land Development Code at a maximum intensity of 225,000 square feet, for property located at the NW corner of Golden Gate & Wilson Boulevards. in Section 4, Township 49 South, Range 27 East, consisting of 4O.6:t acres. [Coordinator: Michele Mosca, AICP, Principal Planner) - 1 - C. CP-2006-5, [TO BE HEARD AT 6:00 P.M.] Petition requesting an amendment to the Golden Gate Area Master Plan (GGAMP), to change Conditional Uses Subdistrict by adding subject site as an exception to locational criteria so as to allow expansion of the existing church use on the adjacent property Dnto the subject property, located on the west side of Santa Barbara Boulevard, 1/3 mile north of Golden Gate Parkway, in Section 29, Township 49 South, Range 26 East, consisting of 3.54:t acres. [Coordinator: Thomas Greenwood, A1CP, Principal Planner) D. CP-2006-7, Petition requesting an amendment to the Future Land Use Eiement. includina the Future Land Use MaD and MaD Series (FLUElFLUM), to change the FLUM designation from Urban Residential Subdistrict to the (NEW) Italian American Plaza and Clubhouse Commercial Subdistrict in the Urban Commercial District, to allow a clubhouse not to exceed 20,000 square feet and up to 26,000 square feet of commercial uses consistent with the C-1 through C-4 zoning districts of the Collier County Land Development Code, for property located at the southwest corner of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, consisting of 5:t acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] E. CP-2006-8, Petition requesting an amendment to the Future Land Use Element. includina the Future Land Use MaD and MaD Series (FLUE/FLUM), to change the FLUM designation from Urban Residential Subdistrict to the (NEW) Airport/Orange Blossom Commercial Subdistrict in the Urban Commercial District, to allow up to 50,000 square feet of commercial uses consistent with the C-1 through C-4 zoning districts of the Collier County Land Development Code, for property located on the east side of Airport-Pulling Road, 330 feet south of Orange Blossom Drive and adjacent to south of Italian American Club, in Section 2, Township 49 South, Range 25 East, consisting of 5:t acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] F. CP-2006-9, Petition requesting an amendment to the Future Land Use Element. includina the Future Land Use MaD and MaD Series (FLUE/FLUM), to change the FLUM designation from Rural Lands Stewardship Area (RLSA) Open to Habitat Stewardship Area, to make corresponding changes to acreage figures in RLSA Policies, and to increase the cap on early entry bonus Stewardship Credits in RLSA Policy 1.21, for property located west of Lake Trafford in the RLSA, in Section 33, Township 46 South, Range 28 East, consisting of 191.80:t acres. [Coordinator: David Weeks, A/CP, Planning Manager) G. CP-2006-10, Petition requesting an amendment to the Future Land Use Element. includina the Future Land Use MaD and MaD Series (FLUElFLUM), to change the FLUM designation from Rural Lands Stewardship Area (RLSA) Open to Habitat Stewardship Area, to make corresponding changes to acreage figures in RLSA Policies, and to increase the cap on early entry bonus Stewardship Credits in RLSA Policy 1.21, for property located east of Immokalee in the RLSA and within the Area of Critical State Concern, in Sections 13,14,15,22,23,24,26 and 27, Township 46 South, Range 30 East, consisting of2,431.80:t acres. [Coordinator: David Weeks, AICP, Planning Manager) H. CPSP-2006-12, [TO BE CONTINUED] Staff petition requesting an amendment to the Future Land Use MaD (FLUM), to change the FLUM designation from Urban-Mixed Use District/Urban Coastal Fringe Subdistrict to Conservation Designation, and make correlating text change to reference a new map of the site, for the County-owned Mar-Good Park property located on Goodland, adjoining Pettit Drive, Pear Tree Avenue, and Papaya Street, in Section 18, Township 27, Range 52, consisting of 2.5~ acres. [Coordinator: Tom Greenwood, A1CP, Principal Planner) I. CPSP-2006-13, Staff petition requesting amendments to the Future Land Use Element and Future Land Use MaD and MaD Series lFLUElFLUMl. CaDitallmDrovement Element. TransDortation Element and MaDS. Recreation and ODen SDace Element. Economic Element. and Golden Gate Area Master Plan Element and Future Land Use MaD Series. to change the allowance for model homes in Golden Gate Estates; to extend the Transfer of Development Rights early entry bonus in the Rural Fringe Mixed Use District; and, to make corrections of omissions and errors and other housecleaning revisions so as to harmonize and update various sections. [Coordinator: David Weeks, AICP, Planning Manager) 13. ADJOURN 3/17/08 CCPC AGENDA TO CONSIOER 2006 CYCLE GMPAs ow/MK -2 - March 17, 2008 CHAIRMAN STRAIN. Okay. Good evening everyone. We1come back to the continuation of the Collier County Planning Commission meeting for the 2006 Growth Management Plan amendments. This meeting was continued from this afternoon for one item tonight, and the item that we're going to be discussing is CP-2006-5 for the First Baptist Church of Golden Gate Growth Management Plan amendment. All those wishing to testify on behalf of this amendment, please rise to be sworn in by the court reporter. (The speakers were duly sworn and replied in the affirmative.) CHAIRMAN STRAIN: Thank you. And before we go too far, I think we ought to take roll call to make sure we have on record our quorum. Ms. Caron? COMMISSIONER CARON: Yes. Mr. Kolflat is absent. Mr. Schiffer is here. COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein is absent. Mr. Murray? COMMISSIONER MURRAY: Is here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Wolfley? COMMISSIONER WOLFLEY: Here. CHAIRMAN STRAIN: Okay. And thank you. With that, David, do you have any comments from staff before we go into the applicant's presentation? Page 2 March 17, 2008 MR. WEEKS: Since we apparently have no public here, no, sir. CHAIRMAN STRAIN: Yeah. Well, this is not the -- this is not the particular application that seemed to have more interest than the other one that definitely had the most interest, and it seemed logical at the time they both be heard together. Yes, sir. Item #4 B PETITION: CP-2006-2 (WITHDRAWN BY PETITIONER) MR. WEEKS: On that note, might you wish to state on the record again, just for, I guess, TV viewers, perhaps, the disposition of that CP-'06-2. CHAIRMAN STRAIN: Thanks for a reminder. We -- as we mentioned earlier at the beginning of the meeting today, CP-2006-2, which was for a 40-acre commercial subdivision in Golden Gate Estates at the corner of Wilson and Golden Gate Boulevard was continued, withdrawn, whatever language you want to use, until the next cycle, which will be about a year from now. So with that, I guess we'll go forward with the applicant's presentation on 2006-5. Item #4C PETITION: CP-2006-5 MR. NADEAU: Good evening, Commissioners. For the record, my name is Dwight Nadeau. I'm Planning Manager for RW A. I'm representing the First Baptist Church of Golden Gate for this Growth Management Plan amendment to the Golden Gate Area Master Plan that would provide for an opportunity for a conditional use expansion. Page 3 March 17, 2008 In attendance with us is Cindy Creizer (phonetic). She is with the First Baptist Church. Additionally, we have Reed Jarvi of Vanasse & Daylor. He's here to answer any transportation-related questions that you may have. I think it's probably fairly clear by the staff report that the proposed petition is going to be -- is requesting an amendment to the Golden Gate Area Master Plan conditional use locational criteria to provide an exception for a 3.54-acre parcel that's identified as the north 180 feet of Tract 107, Unit 30, Golden Gate Estates. It is this parcel that we would be proposing at a later date should this GMP amendment be transmitted and adopted, that we would come forward with a conditional use to expand the church facilities on that property. The intent of the expansion opportunities are 12,000 square feet that would include additional activity rooms or multipurpose classrooms, fellowship halls, Sunday school classrooms, and some meeting rooms. The existing 7,675-square-foot facility located immediately to the south would be rehabbed inside to provide for the primary worship center for the church. So the expansion area is for ancillary uses. But as was stated in the neighborhood information meeting and as is stated in staffs recommendation, there would be no child day care services proposed with this petition or in the future petitions that may come before you after this GMP amendment. I could provide you with a little bit more detail if you like, or I'd be happy to open myself up to questions, myself or Mr. Jarvi, if you have any transportation-related questions, and certainly Ms. Creizer would be happy to chat with you if you have any operational questions related to the church. CHAIRMAN STRAIN: Thank you. And I'm satisfied with your presentation limitation, although I do have a lot of questions. I think Page 4 March 17, 2008 that will solve my problems instead of a presentation; it may not. But does anybody else want to ask any questions to begin? (No response.) CHAIRMAN STRAIN: You have repeatedly, in your document and through your decision here, referenced the 12,000 square foot as a limitation, yet I notice that staff has said that this amendment will not limit the size of a church expansion. And based on our discussions earlier today with David Weeks, he indicated that DCA likes to see certain sizes in there, and I'm wondering why we wouldn't want to put the 12,000 as a limitation in this particular language. And David, if it's not there, how does it coordinate with what you had earlier said today? MR. WEEKS: This would be comparable -- oh, David Weeks, for the record, Comprehensive Planning Department. This would be comparable to an earlier petition we discussed today regarding -- I think it was a conditional use ALF, adult congregate living facility, adult living facility type of a use where a simple reference to the zoning code which does have some type of standards is acceptable. Now, I know you're probably thinking, well, a church doesn't have specific limitations -- CHAIRMAN STRAIN: Exactly right. MR. WEEKS: -- in the zoning code. Historically -- perhaps because of the small size of the property, but historically DCA, Department of Community Affairs, has not taken issue with very small properties with noncommercial uses. Now, I would say that's inconsistent on DCA's part, but nonetheless, that has been the case. So I would leave it to you if you wish to tie them down to a specific square footage, you certainly have that prerogative. Staff does not think it's necessary. Page 5 March 17, 2008 CHAIRMAN STRAIN: Well, at the neighborhood informational meeting they told the public 12,000 square feet, at this meeting and in this paperwork they had, and I would hate to see something go forward five or six years, be lost in translation and not be in the document and someone come back and say, and all these boards were told this, why wasn't it in the document? If it's okay with everybody, why don't we just put it there? It seems logical. Is there any objection on the part of the applicant? MR. NADEAU: The applicant has no objection. CHAIRMAN STRAIN: Okay. MR. WEEKS: Mr. Chairman, could I ask for clarification though? The 12,000 square feet, that's referring to the development on the subject property only? MR. NADEAU: That would be -- CHAIRMAN STRAIN: That's what's in for the GMP amendment. It would have to be. That's what I would -- 12,000 square feet would pertain to the additional property being added, the one that's in for the GMP amendment. MR. WEEKS: That's what -- MR. NADEAU: That is accurate, Mr. Chairman. Thank you. MR. WEEKS: Knowing that there's an existing church on the adjacent property, I just wanted to make sure there was no mixing up of the two parcels. Thank you. CHAIRMAN STRAIN: Okay. I guess, if everybody wants, I can continue and -- COMMISSIONER MURRAY: Please do; go ahead. CHAIRMAN STRAIN: I usually defer to all of you. The staff changed this recommends from denial to approval; why? MR. WEEKS: It was based on traffic information. The initial traffic analysis that was submitted and staffs review of it concluded that this petition was not consistent with policy 5.1 of the transportation element. Page 6 March 17, 2008 The applicant hired a different consultant. As Mr. Nadeau had explained to staff, their original consultant was nonresponsive to the county's request for more information for explanation, whatnot. Mr. Jarvi was retained. He provided a new traffic analysis, and staff -- transportation planning staff reviewed it, found it acceptable and concluded that the petition is consistent with the transportation element. CHAIRMAN STRAIN: Okay. Mr. Nadeau, what is your client going to do with the property they bought from the county in September? MR. NADEAU: The property that they purchased from the county, would that be the access to Painted Leaf? CHAIRMAN STRAIN: No, that corner house on the corner of-- it's a whole corner lot, two-point-some-odd acres. MR. NADEAU: Yes, of course. That is the residence of Pastor Bowa -- Bolick, and he intends to reside there as an Estates single-family home use. It would not be part of the church facilities. It would be retained as a home for the pastor. CHAIRMAN STRAIN: Okay. And the property north of the expansion site is owned by the county. MR. NADEAU: That is accurate. There's a big -- there's stockpiling and water management ponds for the Santa Barbara improvements ongoing right now. CHAIRMAN STRAIN: Okay. So you've got a northern buffer of the county property, which no one's going to build on, you've got a southern buffer in the sense that you've got some of your own property and the length -- the full length of the current lot as the existing church, and then you've got a corner lot that's now owned by you. Why did you exclude day care? MR. NADEAU: Because, in my professional opinion, it's a relatively intrusive use into the Estates residential neighborhood. The child day care has a tendency to have higher trip generations on peak Page 7 March 17, 2008 hours during the work days, both p.m. peak hours as well as morning peak hours sometimes, and that can be problematic. And it was my recommendation -- and the church didn't necessarily agree with it. They said they had no plans for child day care, and so that they had no objection to that restriction. CHAIRMAN STRAIN: It just seemed odd. We've had other churches come in who have always wanted their day care, but they have been in tight and rather confined sites with residential on both sides of them. This one is just the opposite. In fact, if kept towards Santa Barbara, it probably wouldn't have anybody in the world know they're there. It's really like a natural. So I was just concerned -- or questioning the reasoning on that. I notice that you're planning on having a youth activity room and a gymnasium; is that still on the books? MR. NADEAU: In the expansion area, yes, Mr. Chairman. CHAIRMAN STRAIN: Okay. And then from a transportation perspective, do you know how many attendants, what attendance Mr. Jarvi relied upon in his studies? MR. NADEAU: I would defer to Mr. Jarvi. Or typically we have services during Sunday with a total of 150 parishioners and two services. So it would be -- his transportation analysis probably was based on that. CHAIRMAN STRAIN: Okay. Now, you're going to double or more than double, almost triple the size of the facility. You're going to go from 7,700 square feet to almost 20,000. You don't think you're going to have more people there? MR. NADEAU: We will have more people there, but it's not going to be -- it will be an incremental growth. It's not going to be instantaneous, have more parishioners. So it would be a gradual increase of Sunday traffic associated with those services. CHAIRMAN STRAIN: Okay. That's the only questions I have. Anybody else have any questions of the applicant, or did I exhaust Page 8 March 17, 2008 anything that -- everybody -- COMMISSIONER WOLFLEY: You stole mine. CHAIRMAN STRAIN: I stole it? Sorry. I figured just get to it and get done with it. Ms. Caron? COMMISSIONER CARON: Yeah, I just had a question. If your Sunday school classrooms are going to reside in this building, why wouldn't that cause an immediate change? MR. NADEAU: Well, currently the Sunday school activities are contained in the upper floors of the small 7,000-square-foot facility, and by relocating those into the new facility, it would be the same number of Sunday school attendees that would move to the new facility and gradually increase as the congregation increases. CHAIRMAN STRAIN: Okay. Are there any other questions of the applicant at this time? (No response.) CHAIRMAN HENNING: Thank you. Is there a staff report? MR. WEEKS: Yes. CHAIRMAN STRAIN: Yes, there is. Okay. Well, we're moving ahead here. MR. GREENWOOD: For the record, Tom Greenwood with Comprehensive Planning, and I authored the staff report. If you have any questions, I'll be happy to try to answer those. CHAIRMAN STRAIN: We're on a very short discussion mode here tonight. This isn't bad considering the case we have in front of us, so it's kind of nice. Anybody? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: On the sentence you're requesting that they add about the day care, would you mind just wording that, no day care use shall be allowed? Because with Page 9 March 17, 2008 church-related, actually somebody who's not related to the church could have a day care then. So just say no day care? MR. GREENWOOD: I think that can be done, sure. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: You're welcome. Don't tell me from the applicant's viewpoint that doesn't -- they needed that loophole, right? MR. NADEAU: Fine. CHAIRMAN STRAIN: Okay. Any other questions of staff? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Tom. Appreciate it. I don't think you want to rebut anything, Dwight? MR. NADEAU: Absolutely not, Mr. Chairman. CHAIRMAN STRAIN: Okay. With that, is there any public speakers, David? MR. WEEKS: No, sir. CHAIRMAN STRAIN: This will be the shortest GMP meeting in Collier County Planning Commission history. COMMISSIONER VIGLIOTTI: I think so. CHAIRMAN STRAIN: Is there a recommendation to consider this -- MR. SCHMITT: I'll talk just so you can have someone to talk to. CHAIRMAN STRAIN: No. I think we're doing just fine here. I'd like to -- whoever makes the recommendation, to consider the maximum square footage for the new additional site, would be 12,000 square feet. With that, is there a motion? Mr. Murray, then Mr. Vigliotti. Mr. Murray? COMMISSIONER MURRAY: Yes, I would make that motion. CHAIRMAN STRAIN: Okay. That we -- the motion is for a recommendation for transmittal -- COMMISSIONER MURRAY: Yes, it is. CHAIRMAN STRAIN: -- with the staff recommendations, Page 10 March 17,2008 including the caveat that we take church-related words out and put in "no" -- COMMISSIONER MURRAY: That's correct. CHAIRMAN STRAIN: -- and that we provide a maximum of 12,000 square feet. COMMISSIONER MURRAY: That's exactly how I was going to say it. CHAIRMAN STRAIN: Okay. And Mr. Vigliotti, are you exactly seconding on that? COMMISSIONER VIGLIOTTI: I will immediately second that. CHAIRMAN STRAIN: Immediately and exactly. Okay. Now, is there discussion on the motion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 6-0. And now we talk about a continuation. Thank you very much. We appreciate the overwhelming outpouring of residents to talk about this subject. MR. NADEAU: Thank you, Mr. Chairman, Commissioners. Enjoy your Paddy's Day, if you can get out of here. CHAIRMAN STRAIN: Oh, I think we'll be out rather rapidly now, thank you. MR. NADEAU: Very good. Page 11 March 17, 2008 CHAIRMAN STRAIN: David, the continuation will be for the 28th or to -- actually the -- is the 24th a continuation because it had to be readvertised, or is that a separate hearing? MR. WEEKS: It's a separate hearing. CHAIRMAN STRAIN: Okay. So we don't need to continue to then. We'll continue until the 28th? MR. WEEKS : Yes, sir. CHAIRMAN STRAIN: Are we set up for 8:30 in this room? MR. WEEKS: That's correct. CHAIRMAN STRAIN: Okay. Is there a motion to continue to March 28th in this room at 8:30? COMMISSIONER CARON: (Raises hand.) COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Made by Ms. Caron, seconded by Mr. Murray. All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: We are continued. David? MR. WEEKS: I just have one informational item you had asked this morning, and I wanted to follow up. This is regarding that separate hearing on the 24th at 5:05 p.m. in Immokalee. CHAIRMAN STRAIN: Right. MR. WEEKS: We have polled you all to see who would be interested in riding in the van that was asked about earlier. I first Page 12 March 17, 2008 wanted to tell you our response as far as attendance. Mr. Kolflat has indicated he would not be able to attend. We've not yet heard from Mr. Adelstein affirmatively one way or the other, but I understand he's had surgery on his leg recently so -- CHAIRMAN STRAIN: Right. MR. WEEKS: -- he, I think, had told staffhe was unknown. The other seven of you had said yes. As far as riding in the van, Mr. Murray had said no; Mr. Schiffer, Mr. Strain, and Ms. Caron had said yes, and to my knowledge, we've not heard from the other planning commissioners. COMMISSIONER VIGLIOTTI: Add yes to that. MR. WEEKS: Yes. COMMISSIONER MURRAY: You can hear from me. I'm going to go in my own car. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: I'll be on my own. CHAIRMAN STRAIN: So you've got two on their own, you've got four that would take the van. COMMISSIONER CARON: Plus staff and Cherie' if -- or whoever. CHAIRMAN STRAIN: And our court reporter? MR. WEEKS: They'd be welcome to ride. That's up to whoever that person is. COMMISSIONER VIGLIOTTI: Whoever gets stuck doing it. I mean, whoever -- CHAIRMAN STRAIN: Okay. MR. WEEKS: Likewise-- CHAIRMAN STRAIN: I also asked in my email back to you that we -- someone else also accompany us, like the county attorney or someone so that there can be absolute assurance that there's no violation of sunshine law with all of us in the same van. So I don't want -- I don't think we need to be in a van together Page 13 March 17, 2008 without some person there that could assure that if anything -- in case anybody ever questioned it, there would be no sunshine. MR. WEEKS: Well, a staff member will be driving. COMMISSIONER CARON: Margie will be there. MS. STUDENT -STIRLING: I'll be attending the meeting, so I would be -- CHAIRMAN STRAIN: You're going to be riding in the van as well? I volunteered to drive. You're turning my -- you're turning me down? MR. WEEKS: I can pursue that, but as a noncounty employee, I'm not sure if you're allowed to. CHAIRMAN STRAIN: Oh, I -- dam. I was going to save a -- I was going to save you guys the trouble of doing that, but -- MR. WEEKS: Insurance-wise, I don't believe noncounty employees are -- COMMISSIONER VIGLIOTTI: If we're bringing the court reporter, we could just put her on record and be set. Don't have to worry about the sunshine law. CHAIRMAN STRAIN: No, I think you -- we'd be pushing it there, Bob. Okay. So you're going to give us -- by Thursday of this week you can give us more details where, when, and how -- MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: -- we hook up? Okay. COMMISSIONER MURRAY: You didn't happen to find out about the 7:00 versus 8:30, did you? MR. WEEKS: I did check the agenda for the 24th, and it makes no mention of the end time. It simply -- COMMISSIONER MURRAY: I saw it. I know I did see it, but that's okay. MR. WEEKS: I know in an email to you all, I had mentioned sometime last week, I believe, is when I mentioned the 8:30 time that Page 14 March 17,2008 we must be out. So the meeting itself we need to conclude shortly before 8:30, obviously sooner, to give staff a handful of minutes to clean up the room, get it orderly, and be out of the facility by 8:30 p.m. CHAIRMAN STRAIN: Okay. Everybody all set? COMMISSIONER VIGLIOTTI: One more thing? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER VIGLIOTTI: Are you going to collect the books, the binders? MR. WEEKS: I'd be glad to do that, sure. You still have some items in -- I guess one item -- for the 28th hearing. COMMISSIONER VIGLIOTTI: Took it out. MR. WEEKS: Okay. If you want to leave the balance, I'd be glad to take those tonight. COMMISSIONER VIGLIOTTI: Take them with you tonight. CHAIRMAN STRAIN: Ma'am, I notice -- are you here -- did you want to address us before we leave? UNIDENTIFIED SPEAKER: No. I was confused. I thought this was the planning meeting for the -- that 40-acre development. CHAIRMAN STRAIN: It was going to be. The applicant and the owner of that property withdrew their request to another date about a year from now. They're still planning on coming back, but they're looking at the next cycle, which would be in the first part of next year, so they will not be heard at all immediately. Thank you. UNIDENTIFIED SPEAKER: Okay. Thank you very much. MR. WEEKS: Mr. Chairman, let me just mention that -- you mentioned maybe a year from now. We don't know what the date is going to be. What we anticipate happening is that we are going to have very few submittals in the 2008 cycle, that being one, that resubmittal, and possibly one other one is all we expect. We intend to combine the 2008 and 2007 cycles together. We have five in the 2007 cycle. We don't have dates yet established. We Page 15 March 17,2008 are hoping to be able to get those to you at transmittal hearings prior to the end of this calendar year. So that conceivably could be less than a year, but we don't know. CHAIRMAN STRAIN: Okay. I was just going on what Randy had said this morning. I think he said possibly January of'09, but if it's earlier than that -- it's a ways. It's not going to be tonight, so -- COMMISSIONER CARON: But it will be readvertised, so -- CHAIRMAN STRAIN: They will readvertise for it; they'll have more neighborhood meetings as well. Okay. We already made a motion to continue, so we're done. Thank you all. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:21 p.m. COLLIER COUNTY PLANNING COMMISSION Mark Strain, Chairman These minutes approved by the board on presented or as corrected as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Terri L. Lewis. Page 16