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CCPC Backup Docs 01/06/2011ccpc MEETING BACKUP DOCUMENTS JANUARY 6, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 6, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - December 2, 2010, December 7`" (EARAdoption) 6. BCC REPORT- RECAPS — 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDZ- 2007 -AR -11381 Marsilea Villas, LLC, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural zoning district (A) and an Agricultural zoning district with a Special Treatment Overlay to the Residential Planned Unit Development (RPUD) zoning district with removal of the Special Treatment Overlay for a project known as Marsilea Villas RPUD to allow development of up to 27 Single - Family dwelling units. The subject property, consisting of 10.25 acres, is located west of Livingston Road surrounded by Royal Palm International Academy just north of Imperial Golf Estates, Unit 5 in Section 13, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. Note: This Item is being Continued to the January 20, 2011 meeting for re- advertisement Petition: BD- 2008 -AR -13142 Paul Schneller, represented by Jeff Rogers of Turrell, Hall & Associates, Inc., requesting a 105 -foot boat dock extension over the maximum 20 -foot limit as provided in Section 5.03.06 of the LDC to allow a 125 -foot dock facility to accommodate one vessel. Subject property is located at 39 West Pelican Street, legally described as Lot 81, Isles of Capri No. 1, Section 31, Township 51 South, Range 26 East, Collier County, Florida. (Companion to VA- PL2010 -739) [Coordinator: Nancy Gundlach, Principal Planner] B. Note: This Item is being Continued to the January 20, 2011 meeting as a Companion item to 9A. Petition: VA- PL2010 -739, A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to a variance from Land Development Code Section 5.03.06 E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 39 West Pelican Street in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Companion to BD- 2008 -AR- 131421 [Coordinator: Nancy Gundlach, Principal Planner] C. Petition: CP- 2006 -11, a petition requesting amendments to the Conservation and Coastal Management Element, Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to Reconfigure the boundary and size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a Project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); Provide a definitive access provision for a Business Park located in the URF portion of a Project; and, Allow for Native Vegetation Preservation in the URF portion of a Project to be shifted to the RFMUD Sending Lands portion of the project when the Required Amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the Project — as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) Requests. The property is located in Sections 11, 12, 13, 14, 23, 24, and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, consisting of ±2,262 acres. [Transmittal Hearing] [Coordinator: Corby Schmidt, Principal Planner] 10. OLD BUSINESS A. Continuation of the Flood Damage Prevention Ordinance review and recommendation for approval. [Coordinator: Robert Wiley] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 12/20/2010 CCPC Agenda/Ray Bellows /jmp 16A • Thursday, December 16, 2010 • Naples Daily News PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that a public hearing will be held by the Collier County Planning Commission on Thursday, January 6, 2011 at 8:30 A.M. in the Board of County Commissioners chamber, third floor, County Government Center, 3299 East Tamiami Trail, Naples. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Community Affairs the Transmittal of CP- 2006 -11 Growth Management Plan amendment to the Future Land Use Element and the Future Land Use Map and Map Series. The resolution title is as follows: RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMEND - MENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, AND FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRANSMIT- TAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ❑Petition CP- 2006 -11, a petition requesting amendments to the Conservation and Coastal Management Ele- ment, Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to Reconfigure the boundary and size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion, of a Project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); Provide a definitive access provision for a Business Park located in the URF portion of a Project; and, Allow for Native Vegetation Preservation in the URF portion of a Project to be shifted to the RFMUD Sending Lands ortion of the project when the Required Amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the Project - as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) Requests. The property is located in Sections 11, 12, 13, 14, 23, 24, and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, consisting of ±2,262 acres. [Transmittal Hearing] Coordinator, Corby Schmidt, Principal Planner o� �+. ww�z r 00.400411 S � H l o O All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Dept., Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Of- fice, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehen- sive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, January 6, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P. Strain, Chairman Collier County Planning Commission No. 231188470 December 16. 0010 94to DRAFT Editing for Adding 12 -month Cumulative Consideration Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This 'e= m ako ifie des "fepetit less'' - -sl uEturc aS de €med -4 in-. The cost consideration for substantial damage shall be calculated cumulatively for all work for improvement or repair requiring permit and shall be for a 12 -month period of time from the date of Certificate of Occupation (CO) or Certificate of Completion (CC) from a previous permit to date of approval of the most recent permit application. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. This term does not include any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. The cost consideration for substantial improvement shall be calculated cumulatively for all work for improvement or re.air requiring ermit and shall be for a 1.2 -month period of time from the date of Certificate of Occupation (CO) or Certificate of Completion (CC) from a previous permit to date of approval of the most recent permit application. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. The cost consideration for substantial improvement shall be calculated cumulatively for all work for improvement or repair to streets.._ utilities and pads requiring a permit and shall be for a 12 -month period of time from the date of Certificate of Occupation (CO) or Certificate of Completion (CC) from a previous permit to date of approval of the most recent permit application. IDA comment LKCW1J: This statement from the State's model ordinance is proposed for deletion by GMD staff since it is a higher regulatory standard. This statement, coupled with the 25% average loss statement in "repetitive loss" definition, would allow for ICC coverage to be available for more structures with flooding damage. However, it would also have the potential to force more structures to be brought into compliance with the current BFE's when they may have never reached the 50% value threshold. This becomes a policy decision for discussion.