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Minutes 04/20/2011Collier County CommunilyRedeveIopment Agency IMMOKALEE eRA Enclosure 1 i The Place 10 Call Home ! MINUTES lmmokalee Local Redevelopment Agency April 20, 2011 A. Call to Order. The meeting was called to order by Michael Facundo at 8:30 A.M. B. Roll Call and Announcement of a Quorum. Advisory Committee/EZDA Members Present: Mike Facundo, Ski Olesky, Jeffrey Randall, Kitchell Snow, Floyd Crews, James Wall, Eva Deyo, Melissa Martinez, Robert Halman, Carrie Williams and Lt. Drew Lee. Advisory Committee/EZDA Members Absent/Excused: Julio Estremera, Daniel Rosario and Ana Salazar. Action: A quorum was announced as being present. Others Present: Please see sign in sheet attached. Staff: Penny Phillippi, Bradley Muckel, Marie Capita, Rosemary Dillon, and Christie Betancourt. C. Introductions. Chairman Facundo introduced and welcomed County Commissioners Jim Coletta and Tom Henning, the Collier County airport Authority Director, Chris Curry. Advisory Board members and all persons seated at the tables introduced themselves. D. Announcements. a. Mr. Facundo announced that questions should not be directed to Commissioners as advised by the County Attorney B. Adoption of Agenda. Action: Ms. Eva Deyo made a motion to approve the Agenda with the addition of an Item la, Resolutions for Grant Applications, Mr. Robert Halman seconded the motion and the Agenda was approved by unanimous vote. E. Communications. a. The Communications Folder containing the Public Notices was passed around the room for review. F. Consent Agenda. a. Approval of Minutes. i. CRA Advisory Board March 16, 2011 (Enclosure 1) b. Approval of Consultant Monthly Reports and Invoices i. RW A, Inc. 1. March Monthly Activity Report and Invoice (Enclosure 2) 11. Camp Dresser & McKee, Inc. (CDM) 1. March 2011 Activity Report and Invoice (Enclosure 3) b. CRA Project Manager Report (Enclosure 4) c. IBDC Manager Report (Enclosure 5) Action: Mr. Jeffery Randall made the motion to approve the Consent Agenda, the motion was seconded by Mr. Ski Olesky and the Consent Agenda was approved by unanimous vote. G. Old Business. a. Immokalee Area Master Plan. - Public Workshop. Bob Mulhere with Mulhere and Associates provided a brief history of the lAMP up to this point in time citing the three issues outstanding that required CRA Advisory Committee input. He stated that the CCPC unanimously recommended that the BCC Adopt the lAMP with all proposed revisions to address the issues that were raised in the DCA ORC, with the following two changes: 1. The CCPC did not support inclusion of the Density Blending provisions and there was a motion to specifically recommended removal of these provisions. These provisions were suggested by the owner of the majority of land in the Lake Trafford/Camp Keais Strand System Overlay (LT/CKSSO). The EAC supported adoption of the Density Blending Provisions at both the Transmittal and Adoption Hearings. The CCPC did not support this policy at either Transmittal or Adoption. The BCC left the Density Blending provisions in the Transmittal version that was sent to DCA (and DCA did not object to the policy). The BCC asked that the consultant for the land owner provide additional data and analysis relating to any potential impacts on the RLSA program. The consultant provided that additional data and analysis to the CCPC, but the CPCC still did not support the policy. Staff supported the policy, but agreed after transmittal, that additional data and analysis was required. The Consultant also supported the policy once the additional data and analysis was provided. The EAC supported the policy both at Transmittal and Adoption. The BCC, at its Adoption hearing, will need to make a final determination on this matter as to whether or not to include the Density Blending provisions in the lAMP. This issue relates to item number 2 below, in that if the Density Blending is allowed, it gives the owner of the majority of the land in the Overlay, an option to move the development rights from the highly valuable urban wetland and flow way lands in the Overlay to adjacent but less sensitive lands in the RLSA area. 2. The second issue also deals with the LT/CKSO. The Overlay was adopted several years ago in the Coastal and Conservation Management Element of the GMP. Staff asked that while preparing the lAMP, we include the Overlay in that document as well. We did that, and several issues came up. The above discussed Density Blending being one issue, and the other centers on the amount of preservation of Native Vegetation that should be required in the LT/CKSSO. The CCME Policy directs one to the RFMU (Rural Fringe Mixed Use) preservation standards; however, there are several different standards that apply to the various RFMU designated lands, including Sending NRP A, Sending Non-NP A Neutral and Receiving. Since these lands contain very high value wetlands, it would seem readily apparent that the highest preservation requirement (Sending NRP A) makes sense. The additional concern that staff, the County Attorney's Office, and the County consultants have relates to the degree to which the Policy may be alleged to be a Take or partial Take, under federal and state laws. The Overlay covers land that differs significantly from the RFMU lands in that the L T/CKSSO land is Urban. It allows for up to 4 units per acre, and requiring 90 percent preservation would, in the opinion of staff, not allow for use of the property as is currently allowed, even under a clustered design at 4 units per acre. Therefore, staff recommended the 60 percent preservation requirement, not to exceed 45 percent of the site, as currently applies in Neutral lands. The CCPC recommended adoption (with no specified amount of preserve) and coming back in the 2012 GMP amendment cycle with a recommendation based upon further data collection and analysis. Staff and the consultants support adoption of the 60 percent Neutral requirement, even if that includes a requirement to further analyze the issue and if supported by the additional data and analysis, coming back in the next (2012) GMP amendment cycle with any greater or more specific preserve requirements. 2 Action: Floyd Crews made a motion to follow Staff's recommendation to not require any preservation standards and recommend that the issue be further studied in the next Comp Plan Amendment Cycle. Carrie Williams seconded ht emotion and it passed by unanimous vote. The third issue was Policy 6.17 pertaining to existing mobile home parks. Mr. Mulhere reviewed the ramifications of the Policy and the sequential background of the review through the EAC, the CCPC and the BCC. He further recommended that Policy 6.17 be struck, in its entirety which will put everything back to where it was before we proposed to regulate mobile homes, mobile homes owners will deal with issues under conditions as they currently exist under the existing Plan. Public speakers were asked to speak and to limit their comments to 3 minutes each. The first speaker was Randy Johns who submitted the professional opinion of Bob Mulhere into the record. He further indicated that the removal of Policy 6.17 would not solve Jerry Blocker's or other mobile home owner's issues. He continued to discuss the Jerry Blocker mobile home park issue. He then distributed a package to enter into the record The second speaker was Jerry Blocker who further discussed the issue on his trailer park. He further indicated the removal of Policy 6.17 would infringe on property rights and offered support of tweaking the Policy in question. Jacqueline Hubbard then spoke to set the litigation record straight regarding the Blocker Trailer Park. She reviewed the entire history ofthe litigation between Jerry Blocker and the Collier County. Fred Thomas spoke about the history of redevelopment, blight and federal Relocation Act requirements. He further discussed the pros and cons of industrial vs. residential zoning land values and the lack of infrastructure in Immokalee. He recommend changes to the Policy 6.17 (b), ending the policy at "in all Subdistricts." Paul Midney stated that he felt the highest and best use of the land where the mobile home park in question is Industrial to facilitate ease in industrial development. Jerry Blocker was permitted to speak a second time, reviewing the items contained in the packet that was earlier distributed to the CRA Advisory Board by Mr. Randy Johns. He stated the County is trying to put him out of business. He suggested a line be added that will stop all litigation and proposed we sit down to discuss options. Action: Mr. Randall made a motion to remove the Policy 6.1.7 and references to Policy 6.1.7 throughout the lAMP, Ms. Williams seconded the motion and it passed with a vote of 10 to 0 with Mr. Snow abstainingfrom the vote. Ms. Williams then made a motion to recommend the lAMP to the BCC for approval with the recommended changes, Mr. Randall seconded the motion and it passed by unanimous vote. H. New Business. a. Resolutions for Grant Applications - Brad Muckel reviewed the two resolutions needed to recommend submittal of the CDBG and RBEG grants to the BCC for approval. 3 I. Citizen Comments. Verdier Clement stated that there is a need for more lighting at night in Immokalee as there are areas where he feels unsafe. Action: Ms. Williams made a motion to transmit a letter to the Immokalee MSTU Beautification Committee with the citizen concern and request for more lighting. Mr. Snow seconded the motion and it passed by unanimous vote. J. Next Meeting Date. Regular Meeting May 18,2011 at 8:30 A.M. K. Adiournment. The meeting adjourned at 9:50 AM. 4 'vJ). NLf'I-< ~ N. )\J e lcs I,v~ 1{J/ I{ It A APRIL 20, 2011 Public ~ '/v'u ............ L4 ~ c: t(/"....u E-mail I Affiliation '-~e"'1 ; x flJ-.5oL -y~ l31(}C/{l~ ~b/6ctot R/hv t?Y {;to~\I~" fJlI&/'e~ N- (~b{) (\ /, /f)+a~5 L HAY1I\61e;12-- ~ '~r . )\- J~.~'(; \J\\'W~')b't^,l\\; -r;;VY (OfL,E \ \j~7tJ\ S\'\L\ ~~)\ I ,J( pfV) e 0 -rCef\!" \-1:l. \/' \t \ tfi /v /0 I L~7 ~. Ov:~ . " =>l ,"- '-' ~x " .:.: v\ <D~;~, S, f'J o. v-<- ~l . A{tu~ L tJe-e~ \J f\. \.E'(Lijc B \i~(... \f \ ( \O{ '\ (A G\( 'MfAl J g .J N /jI ~. !14 J2 v /' .C.: /) q /( 7 If /L~ ,/;/ 7 ::JyFJ1 JJ/k#g?' / I tJ()~" c ~ - , o \...uJc"Z \jJ\e''t'/f'fZ^ ~ <ie. 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