Loading...
BCC Minutes 04/15/2008 S (GMP Amendments) April 15, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 15, 2008 GMP AMENDMENTS LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Donna Fiala Jim Coletta Fred Coyle Frank Halas ALSO PRESENT: Joe Schmitt, Administrator CDES David Weeks, Comprehensive Planning Department Jeff Klatzkow, Chief Assistant County Attorney Page 1 ~ AGENDA April 15, 2008 9:00 a.m. 2006 Cycle of Growth Management Plan Amendments, Transmittal Hearing Tom Henning, Chairman, District 3 (Present) Donna Fiala, Vice-Chairman, District 1 (Present) Frank Halas, Commissioner, District 2 (Present) Fred W. Coyle, Commissioner District 4 (Present) Jim Coletta, Commissioner District 5 (Present) NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 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. Page 1 April 15, 2008 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 341l2, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Invocation and Pledge of Allegiance 2. 2006 Growth Management Plan Amendment (Transmittal Hearing) A. CP-2006-S, Petition requesting an amendment to the Golden Gate Area Master Plan (GGAMP), to change the 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 onto the subject property, located on the west side of Santa Barbara Boulevard, 1/3 mile north of Golden Gate Parkway (CR886), in Section 29, Township 49 South, Range 26 East, consisting of3.54 +/- acres. [Coordinator: Tom Greenwood, AICP, Principal Planner] [TO BE CONTINUED TO APRIL 29, 2008 HEARING] - Approved 5/0 B. CP-2006-7, Petition requesting an amendment to the Future Land Use Element, including the Future Land Use Map and Map Site (FLUE/FLUM), to change the Urban Residential Subdistrict designation in order to establish the Italian American Plaza and Clubhouse Commercial Subdistrict in the Urban Commercial District, for a 20,000 square foot clubhouse and up to 26,000 square feet of gross leasable area for financial institutions, schools, professional and medical offices, and personal and business services consistent with the Commercial Professional and General Office (C-l) zoning district of the Collier County Land Development Code, for property located at the southwest comer of the intersection of Airport Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, consisting of 5 +/- acres. [Coordinator: Corby Schmidt, AICP, Principal Page 2 April 15, 2008 Planner] [TO BE CONTINUED TO APRIL 29, 2008 HEARING] - Approved 5/0 C. CP-2006-8, Petition requesting an amendment to the Future Land Use Element, including the Future Land Use Map and Map Site (FLUE/FLUM), to change the Urban Residential Subdistrict designation in order to establish the Airport/Orange Blossom Commercial Subdistrict in the Urban Commercial District, for up to 12,000 square feet of gross leasable area for financial institutions, professional and medical offices, and personal and business services, along with senior housing in the form of an Adult Living Facility and/or Continuing Care Retirement Center, or other similar housing for the elderly, consistent with the Commercial Professional and General Office (C-I) zoning district of the Collier County Land Development Code, for property located on the west side of Airport Road, approximately 330 feet south of Orange Blossom Drove and adjacently south of the Italian American Club, in Section 2, Township 49 South, Range 25 East, consisting of 5 +/- acres. [Coordinator: Corby Schmidt, ArCp, Principal Planner] [TO BE CONTINUED TO APRIL 29, 2008 HEARING] - Approved 5/0 D. CP-2006-9, Petition requesting an amendment to the Future Land Use Element, including the Future Land Use Map and Map Site (FLUE/FLUM), to change the FLUM designation from Rural Lands Stewardship Area (RLSA) Open Area to a 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 oflake Trafford in the RLSA, in Section 33, Township 46 South, Range 28 East, consisting of 191.80 +/- acres. [Coordinator: David Weeks, ArCp, Planning Manager] [TO BE CONTINUED TO APRIL 29, 2008 HEARING] - Approved 5/0 E. CP-2006-10, Petition requesting an amendment to the Future Land Use Element, including the Future Land Use Map and Map Series (FLUE/FLUM), to change the FLUM designation from Rural Lands Stewardship Area (RLSA) Open Area to a 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 [mmokalee in the RLSA and within the Area of Critical State Concern, in Sections 13, 14, 15,22,23,26 and 27, Township46 South, Range 30 East, consisting of 2,431.80 +/- acres. Page 3 April 15, 2008 [Coordinator: David Weeks, ArCp, Planning Manager] [TO BE CONTINUED TO APRIL 29, 2008 HEARING] - Approved 5/0 F. CPSP-2006-12, Staff petition requesting an amendment to the Future Land Use Map (FLUM), to change the FLUM designation from Urban-Mixed Use DistrictlUrban Coastal Fringe Subdistrict to Conservation Designation, and make a corresponding text change to reference a new map of the site, for the County-owned Mar-Good park property located in Goodland, adjoining Pettit Drive, Pear Tree A venue, and Papaya Street, in Section 18, Township 27 South, Range 52 East, consisting of 2.5 +/- acres. [Coordinator: Tom Greenwood, ArCp, Principal Planner] Resolution 2008-100: Transmitting this amendment "CPSP-2006-12" to DCA (Department of Community Affairs) - Adopted 5/0; . Motion to continue the remaining items (Item #2A, #2B, #2C, #2D, #2E and #2G) to the April 29, 2008 Meeting - Approved 5/0 G. CPSP-2006-13, Staff petition requesting amendments to the Transportation Element (TE) and Maps, Recreation and Open Space Element (ROSE), Economic Element (EE), Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), and Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map 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 of the various elements of the Growth Management Plan. David Weeks, ArCp, Planning Manager] [TO BE CONTINUED TO APRIL 29, 2008 HEARING] - Approved 5/0 3. Adjourn . Meeting Recessed to the April 29, 2008 BCC-GMP Meeting INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 4 April 15, 2008 April 15, 2008 MR. SCHMITT: You have a live mike. CHAIRMAN HENNING: Good morning. Welcome to the Board of Commissioners Growth Management Plan 2006 cycle amendments. This being April 15, 2008. Would you all rise for the Pledge of Allegiance, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: I had a request from Commissioner Fiala's aide to postpone this hearing for a few minutes till she arrives since it's in her district, but that's up to the board members. COMMISSIONER COLETTA: We could take a 10-minute break. COMMISSIONER COYLE: Yeah. The court reporter has been here for 15 minutes at least. She probably needs a break. CHAIRMAN HENNING: Yeah, yeah. Yeah, I'm reminded of that all the time. Commissioner Halas? COMMISSIONER HALAS: Yeah, that's okay. I, myself, it's -- there's nothing here that I feel is controversial, unless there's something hidden here that we don't know about, but -- CHAIRMAN HENNING: It's on the back page. COMMISSIONER COYLE: You know, my feeling, I don't understand why this one wasn't postponed till all the others anyway. We hear them all at the same time. I don't know why we have to have two meetings to do this. But nevertheless. CHAIRMAN HENNING: Well, maybe we can clarify -- clarification of that. That's a very interesting question. Mr. Weeks? MR. WEEKS: David Weeks, for the record, Comprehensive Planning Department. Commissioners, we had advertised this hearing in advance of knowing that the Planning Commission was not going to be able to complete these items, so that's why you had to convene today. Page 2 April 15, 2008 Certainly it's your choice whether you wish to hear the one petition on Goodland or if you wish to continue it to the 29th with all the other items. We thought since you already are required to be here to convene the meeting, you might as well go ahead and dispose of this one item. COMMISSIONER COYLE: Well, what -- what happened with the advertising for all of the other hearings? MR. WEEKS: There was no error in the advertising. What's happened is there's been a change in procedure where now, after the Planning Commission holds their hearing, they subsequently have the agenda items brought back to them under their consent agenda to review all the changes they've made to be sure that they're correct and accurate. The time between that -- their two hearings and your hearing did not allow adequate time for staff to make all of those changes and get them to the Planning Commission to act on that consent agenda. So the Planning Commission's continuance from their April 3rd hearing to the 17th hearing precludes you from holding today's hearing on the 15th for all the other petitions, which did have changes made by Planning Commission. COMMISSIONER COYLE: This gets too complicated for me to ferret out. But nevertheless, that's okay. COMMISSIONER HALAS: Let's just take a break and -- COMMISSIONER COYLE: Yeah. MR. WEEKS: Commissioners, in the future we now are aware of the relatively recent change in protocol. We will build in extra time in the schedule so that we hope to avoid this happening again. CHAIRMAN HENNING: The board has on its agenda, I think, even for next Tuesday, small GMP amendments; is that correct? Or-- COMMISSIONER COYLE: There is a hearing next week, as I recall. CHAIRMAN HENNING: Yes. What's-- Page 3 April 15, 2008 MR. WEEKS: I believe -- Commissioner, I believe you're correct. I think there is a small-scale Comprehensive Plan amendment on your agenda next week. COMMISSIONER HALAS: Yeah. CHAIRMAN HENNING: Why can't those be heard with all the GMP amendments? Is there a protocol? MR. WEEKS: Why can't these, today, be heard? CHAIRMAN HENNING: No. Why can't the one that we have on Tuesday's agenda be heard at the GMP amendments on the 29th? MR. WEEKS: It could be. The reason it was scheduled separately is it is not a cycle petition. That is, it's a type of petition that could be heard at any time. It's not limited to being heard as part of a cycle, and there is a companion rezone with that. So any delay in that plan amendment will delay the rezoning. CHAIRMAN HENNING: Yeah. It was just a question. It's not that I want to change anything, so -- COMMISSIONER COYLE: I think it's a good point. It appears it would be more efficient for the staff and for the commissioners if you consolidate these things and have it at one time rather than coming in and meeting for 15 minutes and then do the same thing on a subsequent week and the same thing on a week after that. It just doesn't make a lot of sense to me. But nevertheless, we're here at your disposal, so -- CHAIRMAN HENNING: We're here, yeah. Why don't we take a five-minute break. Be back at 9:10. (A brief recess was had.) CHAIRMAN HENNING: Okay. The board's back from recess. Mr. Weeks, are you going to present the item? MR. WEEKS: No, but I do need make a few peremptory remarks -- CHAIRMAN HENNING: Thank you. MR. WEEKS: -- for today's hearing. And also, if you'll allow Page 4 April 15, 2008 me, I'd like to make one more quick comment about the small-scale amendment that's on your agenda for next week, the 22nd. That is a companion item with the rezoning petition. As I explained briefly prior, it is not part of -- not required to be part of a cycle of amendments. There's a time limit after that small-scale amendment is heard, a period of 30 days, in which any affected party may challenge the approval, should it be approved, of that petition. That's why there's a separation period between the date of the small-scale amendment and the day that this board will hear the rezoning petition. Heard jointly at the Planning Commission but separately by the board. That's why my comment a while ago, that if you should choose to delay that small-scale petition to be heard with the balance of these cycle petitions, it will then delay the rezoning petition that is the companion item to that. Back to today's hearing specifically. This is a transmittal hearing for Growth Management Plan amendments. You will hold an adoption hearing a few months from now. This is for the 2006 cycle of petitions. Of course, we're in 2008. The reason for the delay is these are part of the petitions that were in the backlog from the Evaluation-and-Appraisal-Report-based Growth Management Plan amendments of a couple of years ago. We got to a point where by state law we could not adopt any other plan amendments until we adopted those EAR-based amendments. That's why the 2005 cycle just got to you last year, and then, again, why you're just now getting to the 2006 cycle this year. For your information, staff will be combining the 2007 and '8 cycles together to try to finally get caught up. This is (sic) a quasijudicial hearing. There is no requirement for you to swear in speakers or to give your ex parte disclosures. Item #2F Page 5 April 15, 2008 RESOLUTION 2008-100: CPSP-2006-l2; MARGOOD PARK We're going to be asking for two actions today. One is to act on item 2F that's petition CPSP-2006-l2, the Margood Park site on Goodland. We want you to hear that item and take your vote on it, whether or not to approve it for transmittal to the Department of Community Affairs or not. And secondly, take action to continue the balance of the items on your agenda to your April 29th hearing. As required by state law, there is a sign-up sheet outside in the hallway on the table, outside of this room, in which any interested person may sign up, and by doing so, they will be notified by the Department of Community Affairs after the adoption hearing of when this -- that department is going to issue its determination of finding the amendment in compliance with state law or not in compliance with state law. And finally, at the conclusion of the hearing, as always, we would appreciate if you would leave your binders behind. We can collect those and reuse them. Thank you. MR. KLATZKOW: And just for clarification, this is a legislative, not a quasijudicial hearing. MR. WEEKS: Thank you. I had it backwards. CHAIRMAN HENNING: Okay. Who's next? Good morning. MR. SMITH: Good morning, Commissioners. For the record, my name is Murdo Smith with the Collier County Parks and Recreation Department, and we're here this morning to discuss the Growth Management Plan amendment for the Margood Park site. This site -- let me put the -- I haven't used that much, so please bear with me. This site is approximately 2.5 acres of land located in Goodland and abuts Pear Tree and Papaya Street. As you can see in the highlighted area there that is the park. Page 6 April 15, 2008 The county acquired the land in 2005 with funding assistance from the Department of Community Affairs Florida Community Trust Act. The Coombs family also were very generous in their offer of the land to the state. The parks and recreation department is requesting a change of the Future Land Use Map designation of their property from urban designation, urban mixed-use district, urban coastal fringe subdistrict, to conservation designation and update to the Future Land Use Map senes. This is a specific condition that the grant wished us to pursue. The development of this site includes playground, interpretative center, picnic areas, fishing/viewing pier, boat -- boat boarding docking, building improvements, and parking areas. This does not need a Growth Management Plan amendment. This amendment is initiated by the grant conditions for that. Okay. I can -- next I'd like to show you the master plan. This shows the park and the master plan. We have built a playground already in that -- this location; approximately right here. And we'll be going through and doing other improvements to the museum site. We've already removed the boat docks that were there. We'll be rebuilding those, bringing them up to code. We're also going to be doing some renovations of the cottages that are there. There's some cottages that are -- there's some cottages that are spread out throughout the park location, and we'll be doing some remodeling or renovations of those, some of those. We're also going to build a parking area, which is right next to the museum. Public meetings were held on February 26th, and on March 8th, or I'm sorry, March 20th down at the Goodland Civic Association buildings, and there was approximately 35 representatives there at the first meeting and slightly fewer at the second meeting on the 20th, but a lot of them were the same people who came to the first meeting. So basically that's my presentation of that. And ifthere's any Page 7 April 15, 2008 questions, I'll be willing to answer any questions that you have. CHAIRMAN HENNING: Commissioner Fiala has questions. COMMISSIONER FIALA: About the museum part of it. Have we saved most everything in that museum? MR. SMITH: Ma'am, we've gone down and met with the Coombs family and we've done a transmittal record of all the artifacts that are in that building. We will be going down there shortly and removing the material and taking it out to a location within the parks and recreation department until the construction or remodeling is being done of the museum. COMMISSIONER FIALA: When we did Roberts Ranch, the people that had owned Roberts Ranch were pretty upset with us because we went in and threw a lot of the stuff out. And my suggestion would be, before we throw anything out -- because there might be some kind of significance to it, even if it's a minor significance -- maybe we could contact the Marco Island history -- Historical Society and check with them in case they would want something. They're going to be building a new museum. I'd just hate to have -- I'm one of these people -- I'm one of the old relics myself, actually, and I'd hate to see any of that stuff thrown out if we can preserve it for another museum. MR. SMITH: Yes. Amanda Townsend, Nancy Olson from our staff, have met with the Coombs family down there, and they went through the whole inventory. And we have --like I said, we have a transmittal sheet of all the inventory that's in there and what can be used and what can't, that we've done that with them already. COMMISSIONER FIALA: And the stuff that can't be then, you could maybe contact the -- MR. SMITH: Historical Society? COMMISSIONER FIALA: -- Historical Society. MR. SMITH: Yes. COMMISSIONER FIALA: Okay. Thank you. Page 8 April 15, 2008 CHAIRMAN HENNING: Any further questions? (No response.) CHAIRMAN HENNING: Public speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. MR. KLATZKOW: Motion needs to be to transmit. CHAIRMAN HENNING: There's a motion by Commissioner Fiala to transmit this amendment to DCA-- COMMISSIONER FIALA: I do. CHAIRMAN HENNING: -- second by Commissioner Coletta. Any discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Entertain a motion to continue the balance of the amendments to the April 29th -- COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas to hold off to the -- the business till the 29th, second by Commissioner Fiala. Discussion? Page 9 April 15, 2008 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL {~. ~ -" TOM HENNING, hairmarr ATTEST:"'.... ,. DWIG~fE. BROtK, CLERK ttJ" ~. lbfll~Vh, ()~p Attest as to Chalr.an ~ s j qna.ture on 1 , These llunutes aEProved by the Board on presented v or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 11