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Agenda 02/26/2008 Item #12A Page I of I Agenda Item No. 12A February 26, 2008 Page 1 of 133 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 12A Item Summary: This item to be heard at 4:00 p.m Discussion regarding Richland PUD (Pebblebrooke) Meeting Date: 2/2612008 900.00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 2115/200811:22 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2116/20089:59 AM Commissioners c- file://C:\AgendaTest\Export\ 10 l-February%2026, %202008\ 12.%20COUNTY%20A TTOR... 2/20/2008 - .- ._---_._~---- Agenda Item No. 12A February 26,2008 Page 2 of 133 ----- ORDINANCE NO. 02-~ :1 . AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COlLIER COUNTY LAND DEVEWPMENT CODE, WlUCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COlLIER COUNTY. FLORIDA, BY AMENDING THE OFFICIAL ZONING ATI.AS MAP NUMBERED 8627N AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESClUBED REAL PROPERTY FROM "PUD" TO "PUJ)" PLANNIlD UNIT DEVEWPMENT KNOWN AS RICHLAND PUD, FOR PROPERTY LOCATED ON >" ,...., <> THE SOUTIiWBST CORNER OF IMMOKALEE ROAD r-M ~ ,..-.r: ,-." (C.R. 846) AND COlLIER BOULEVARD (C.R. 9SI), IN ",,,. .." -n ::i::~ '" :>=-' "" SI!CTION 27, TOWNSHIP 48 SOum. RANGE 26 (,.') ~ . N - BAST, COll.!BR COUNTY, FLORIDA, CONSISTING <. <:::> j- ~-.: OF 1 SO ACRES; PROVIDING FOR THE REPEAL OF rr:--r m .. c') ,.. "'rl",;, ::i: ORDINANCE NUMBER 97-27. THE FORMER b~ :::: 0 R1CHLAND PUD; AND BY PROVIDING AN ::tl~ '. 6~ ~ EFFI!CTIVE DATE. ~'" .., i WHIlRI!AS. Karat Bishop of PMS. IDe. of Nlpl... repnIICI1IiDc Kal<:o Development IDe., pelitiOlllld the _ of Couoty Commiaoionon to change the zoning clauification of the Iunin d....ribed real pIOperty; NOW. THEREFORE, BE IT ORDAINED BY the Board of ColIIIIy COIlIDliuionera of CoUier Couoty, Florida; ~"P.rI10N ONE- The Zoning Clauificatioo of the Iunin deocribed real property located in Section 27. Townohip 48 SoUlb. IUnp 26 Eut, Collier Collllly, Florida, i. cIwIpd from "PUD" to "PUD" P__ Unit Developmatt in occordancewilb the PUD Document, IIIIICbedbereto u Exhibit"A", which is inccxporated herein and by ",f.....,. JIlIde port bcRof. The Official Zoning AtIu Map DlIIDbored 8627N, u deocribed in Ordinance Number 91-102, the Collier CoIIIIIy Land Development Cod.. .... benlby lIDeruled acconIinaIy. SECTION TWO: OrdilW1CCl NlDDbcr 97-27 known u the RichIand PUD, adopted 011 Juoe 10. 1997, by Ibe _ of County Commiuioncn of Collier County. is bcrcby repcaled in its entirety. ~FrTION TI-lRPl:: ThiI Ordinance sball become cHcc:tivc upoil filin& wilb the DeportmcDt of Swc. - i I ---. I : ,,--. ~-.. . ._-~-- --- _'._,"U' __ __"'~ Agenda Item No. 12A February 26, 2008 Page 3 of 133 . PASSED AND J:?ULY ADOPTIlO by the Board of County C~;..u.-. of Collier . CoUDty.l'1~ Ibi.~day of .z ~ ~...,. .2002. .~~~~~:.'~:~:~~~:,. ~:~, :....th:J'!sT: .. .':.. ' BOARD OF COUNTY COMMISSIONERS I f~GH1' B,. ~tjcK, Clort COLLIER COUNTY. FLORIDA .;;!. ,f ,,-.~ ~ ... .. i... .. ('".. . ~ '(~' ~~'?J1ir "<I' JA.C BY: 'M "CIIII,-', JAMESN.COLE'ITA,CbIinnan '1rl!lln .1,... Approvocl U Ib I'arm IIId Lcpl Suffici"""Y llllo ardI_ f110d _ tlIo ~5ko~ ""1)u ~.:. , "Yh . (Jt-" b. .{,- ~.<k. ~ ~ Marjo M. Student Ii':}. ....Iwd thl. ~ Auillanl County Attorney .f ~A 2lc . ...... Jf . PUDA-ZOOI..JI.R-14941CB1\o -; '\ . . . i I --..-.-." i -~-----,l\gei1C1<rlterrrt-io-:+.2A-----~ February 26,2008 . Page 4 of 133 ! ,/ , PLANNED UNIT DEVelOPMENT DOCUMENT FOR RICHLAND A PLANNED RESIDENTIAl. COMMUNI1Y Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. #408 Naples, Florida 34103 Date Reviewed by CCPe: 1/17102 Date Apploved by acc: 2/12/02 OrdIn8nce Number: 2002-07 OrdInence Number: Document Date: 1/24102 .- . - - - Exibit "All i :/ .._" , I , ! - '---.-,-.--..----- -- !11l Agenda Item No. 12A ~ ! I 'i February 26, 2008 Page 5 of 133 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES i STATEMENT OF COMPUANCE AND SHORT TITLE Ii SECTION I Legal Description. Property Ownership and General Description 1-1 SECTION II Project Development 2-1 SECTION III Residential District 3-1 SECTION IV Community Commercial District 4-1 SECTION V Reserve District 5-1 SECTION VI General Development Commitments 6-1 '\ LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan EXHIBIT "B" Conceptual Buffer Plan TABLE 1 Development Standards for "R" Residential Ant.. i ) - .----------- ,'I Agenda Item No. 12A ! February 26,2008 Page 6 of 133 ~ STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Kenco Development, Inc., hereinaf- ter referred to as the Developer, to crute a Planned Unit Development (PUD) on 150 +1- acres of land located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Richland. The development of Richland will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Future ~nd Use Element and map of the Growth Management Plan and other applicable regulations for the following reasons: 1. The SUbject property is within the Urban Mixed Use DistrictlUrban Residential Sub district and the Activity Center Mixed Use District/Activity Center Subdistrict as iden- tified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). 2. The proposed density of Richland is 3.1 dwelling units per acre which is less than the maximum density pennitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four dwelling units per acre. Certain parts of the subject property lie within a one mile radius of an activity center qualifying the area for an additional 3 dwelling units per acre, while an additional dwelling unit per acre is available because the project fronts on two arterial streets. 3. Richland is compatible with and complemantary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element 5. The development of Richland will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6. Richland is planned to incorporate natural systems for water management inaccor- danee with their natural functions and capabilities as may be requirad by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project will be served by a complete range of services and utilities as approved by the County. ii .- - '11:.. I . .- -" _._-~'_._-' Agenda Item No. 12A February 26, 2008 Page 7 of 133 8. The subject property includes an Activity Center Designation, which is a preferred location for commercial and mixed-use developments. 9, The project shall be in compliance with all applicable County regulations including the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as the "RICH LAND PLANNED UNIT DEVELOPMENT ORDINANCE", I iii ) ....-....- -. ----- --nt- -'..,-~- ~--- -------~ Agenda Item No. 12A I February 26,2008 Page 8 of 133 - ~ECTION 1 Y:~L DESCRIPTION. PROPERTY OWNERSHIP. and GENERAL DESCRIPTION 1-1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Richland, and to describe the existing condition of the property to be developed. 1-2 LEGAL DESCRIPTION The northeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East and North 100 feet for the purpose of road right-of-way, located in Collier County, Florida. 1-3 TITLE TO PROPERTY The Property is currently under the ownership of Kenco Development, Inc., 8610 Pebblebrooke Drive, Naples, Aorida, 34119. - 1-4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 26 East, and is bordered on the north by Immokalee Road (CR-846), on the east by CR-951, on the south by Oakridge Middle School and on the west by undeveloped agricultural land and Laurel Oak Elementary School B. The zoning dassification of the subject property as of this submittal is PUD (PLANNED UNIT DEVELOPMENT). C. The site's vegetation includes pine flatwoods, saw palmetto, slash pine and sabal palm. It also contains areas of cypress, fem and sawgrass. Soils on the site are Immokalee fine sand and Arzell fine sand. A small area of pompano fine sand is located in the southeast comer of the site. D. The surrounding area is generally undeveloped, and is located within the Activity Center Designation and Residential Density Band of the Future Land Use Map to the Growth Management Plan. E. Elevations in the area range from 13.0 - 15.0 feet according to U.S.G.S. quadrangle maps. The site is outside of the flood plane and requires development to be sited 18 inches above the crown of the road according to flood insurance rate maps. .-. 1-1 - -m~ -"-".._,~, ."~ '.,-.----." Ii Agenda Item No. 12A February 26,2008 Page 9 of 133 1-5 PROJECT DENSITY A. The total acreage of Richland is approximately 150 acres. The maximum number of dwelling units to be built on the total acreage is 400. ! The number of dwelling units per gross residential acre is approximately 3.1 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. Commercial uses occupy approximately 23 acres. These described land uses are set forth on the PUD Master Plan, Exhibit "A". B. At all times, property included within the Richland PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves and landscape buffers. ! I I 1-2 ) , I __0- 'l '~ii I' -,--"--- - ~'- Agenda Item No. 12A .: February 26, 2008 ' Page 10 of 133 ,--.. 1,1 ~ECTlON \I ' . PROJECT DEVELOPMENT 2-1 PURPOSE The purpose of this Section is to generally describe the plan of development f~r Richland, and to identify relationships to applicable County ordinances, policies, and procedures. 2-2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Richland, a private community, will include a broad range of Single-family, Multi-family, Community Commercial, Hotel/Motel, Stormwater Management, Open Space and Reserve areas. Each single-family, multi-family and commercial parcel will be served with publicly provided utilities, including potable water, sewer and electricity. Amenities proposed to be provided in the project include, but are not limited to, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces. ..- B. The Master Plan is illustrated graphically on Exhibit "A". A land use summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat Approval, in accordance with Article 3, Division 3.2, Section 3.2.9 of the Collier County Land Development Code. 2-3 GENERAL COMPUANCE WITH COUNTY ORDINANCES A. Regulations for development of Richland shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this I PUD ordinance) and Growth Management Plan which are in effect at the I time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to, Final Subdivision Plat, Final Site Development Plan, and Excavation Permit. Where this PUD ordinance fails to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. 2-1 - ---., .-.--. ---t.. - "-.- -,.- -~'-_._._.._-- -"._--~-_..- \11 Agenda Item No. 12A February 26, 2008 Page 11 of 133 B. Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth In the Collier County Land Devalopment Code in effect at the time of development order i application. C, Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Article 3, Division 3.15 of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by subsequent requests, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Richland Master Plan are part of the regulations, which govem the manner in which the land may be developed. 2-4 LAND USE The Master Development Plan (Exhibit "A") shows proposed land uses of development for each parcel. Minor variations in acreage shall be permitted at final design to accommodate vegetation, encroachments. utilities, market conditions, and other hereto unforeseen site conditions. LAND USE SCHEDULE LAND USE TYPE ACREAGE RESIDENTIAL 127 +/- (open space. reserve, water management & lakes) COMMERCIAL 23 +/- (open space. reserve. water mllll8gement & lakes) TOTAL 150 +/- 2-2 '\ .---- -' L _~..__'O_"'~_ ---_...,....._--_.._~ _.~___H_ Agenda Item No. 12A February 26, 2008 Page 12 of 133 - 'I " i: 2.5 SITE DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Division 3.3 of the Collier County land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2-6 RESUBDMSION Resubdivlsion shall comply with Section 3.2.7.5 of the Collier County land Development Code. 2.7 EASEMENTS FOR UTILITIES A. Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be done in compliance with the Collier County land Development Code. B. All necessary easements. dedications. or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time ,--, approvals are requested. 2-8 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6,33.4 of the Collier County land Development Code. 2-41 USE OF RIGHTS-oF.WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways and signage may be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations, during the development review process and prior to any building permits. 2.10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Article 2. Division 2.7. Section 2.7.3.5 of the Collier County Land Development Code. 2-3 -, ,.,-l ------ _.~_. _.._,_,-.",_.__m.__ --.-....... --- 'II Agenda Item No. 12A February 26, 2008 Page 13 of 133 i f 2-11 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsettlng provisions as provided for within Article 2. Division 2.7. Section 2.7.3.4 of the Collier County Development Code. 2-12 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2. Division '1..7, Section 2.7.3.6 of the Collier County Land Development Code. i 2-13 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property owner association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.14 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with Division 2.3 of the Collier County Land Development Code. 2-15 OPEN SPACE REQUIREMENTS A. A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 150 +1- acres requiring a minimum of 45 acres to be retained as open space throughout the Richland PUD. This requirement shall not apply to individual development parcels. B. Of the project's total 150 +1- acres, the following acreages represent 30% of the total site, all contributing to open space. Lake 11 +1- acres Reserve: 31 +1- acres Buffer 7+1- acres TOTAL: 48+/. acres of open space 2-4 , I .- Il Agenda Item No. 12A I [I February 26, 2008 Page 14 of 133 2-18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9. Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2-17 POLLING PLACES Pursuant to Article 3. Division 3.2. Section 3.2.8.3.14 of the Collier County LaOd Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2"18 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. , 2-19 LANDSCAPING i Landscaping shall be in accordance with Article 2, Divisions 2.4 and 2.8 of the Collier County Land Development Code, as amended. In addition, a 30-foot Type "B" Buffer shall be provided along the tract boundary line separating the commercial and residential land use tracts. (See Exhibit "B") This buffer shall contain a 6-foot tall pre-cest concrete wall along the entire buffer. 2-20 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excava- tion depths set forth in Section 3.5.7.3.1; however, removal offill from Richland shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2-21 EXCAVATION AND VEGETATION REMOVAL Improvement of property shall be prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building Plilrmit under the Land Development Code or other applicable County regulations. - 2-5 --,'"--.. ....^_.~"_~'_m " Agenda Item No. 12A i! February 26,2008 Page 15 of 133 Exceptions to this requirement may be grented by the Community Development and Environmental Services Administrator for an approved Subdivision or Site De- velopment Plan to provide for distribution of fill excavated on site or to permit con- struction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. 2-22 SUBDIVISIONS Subdivisions shall be in accordance with Article 3. Division 3.2 of the Collier County Land Development Code. I ! 2-6 -- -.- , , I ! Agenda Item No. 12A February 26,2008 Page 16 of 133 - SECnO~ III I I RESIDENTIAL I I 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Richland PUD designated on the Master Plan (Exhibit "A") as "R" Residential. 3-2 MAXIMUM DWELLING UNITS A maximum number of 400 residential dwelling units may be constructed on lands designated "R". 3-3 GENERAL DESCRIPTION A. Areas designated as "R" on the Master Land Use Plan are designated to accommodate a full range of residential dwelling unit types. B. Approximate acreage of land use tracts have been indicated on the PUD. Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreage of all development tracts will be provided at the time of permitting. Residential tracts are designed to accommodate internal roadways. C. Single-family lot sizes and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Preliminary Subdivision Plat approval pursuant to Collier County Zoning Regulations set forth in Division 3.2 of the Collier County Land Development Code. D. Multi-family uses and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Site Development Plan approval pursuant to Section 2.5 of this document and applicable Collier County Regulations set forth in Division 3.3 of the Collier County land Development Code. 3-1 i ..i ie' . .11_ ...-., .~_.."'~---"'^" -----,,_.__..- - _._~..- Agenda Item No. 12A February 26, 2008 Page 17 of 133 3-4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Pennitted Principal Uses and Structures 1) Single-family detached dwelling units, 2) Single-family attached and townhouse units. 3) Single-family zero lot line dwelling units. 4) Duplex dwelling units. 5) Multi-family dwelling units. 6) Nursing, rest homes and adult congregate living facilities. 7) Recreational facilities including but not limited to parks, playgrounds, commonly owned open space, pools, tennis courts, community buildings; guardhouses; essential services and utility structures. 8) Model homes. sales centers, and temporary development/construction offices shall be pennitted in conjunction with the promotion of the development. 9) Water management facilities and lakes. 10) Any other use which is in comparable in nature with the foregoing uses which the Planning Services Director detennines to be compatible in the "R" district. B. Pennitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to covered parking, attached and detached garages and swimming pools. 2) Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director detennines to be compatible in the "R" District. 3.5 PROPERTY DEVELOPMENT REGULATIONS A. Except as provided in SeCtion 2.5(B), property development regulations for land uses in the "R" Residential District are set forth in Table 1. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 3-2 - -- Agenda Item No. 12A February 26, 2008 Page 18 of 133 - C. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. , D. Development standards for building relationships set forth in Table 1 shall I be established during site development plan approval as set forth in Article 3. Division 3.3 of the Collier County Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced as provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code, Common open space requirements are deemed satisfied pursuant to Section 2.16 of this PUD. F. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less that ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. G. Single-family zero lot line dwellings units are identified separately from single-family detached dwelling units with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through 3. H. No housing structure containing three (3) or more dwelling units may be located between two detached, single family structures which are less than 300 feet apart if they are a part of the same platted block. Approval of the location of multiple family structures relative to existing single family detached structures shall rest with the Development Services Director and shall be detennined at the time of Site Development Plan pre-application meetings. I. No nursing, rest homes and adult congregate living facility shall be located within three hundred (300) feet of any single family detached or attached dwelling units. Generally, multiple family dwelling structures with dwelling units above dwelling units shall act as a transition area between nursing, rest homes, adult congregate living facilities and single family detached and attached dwelling units. 3-3 - .._--"- i-_ IlL "'___w__~~~_ . "~"-r" .__~"_M"~ _"m~_._..,___.__ Ii Agenda Item No. 12A February 26, 2008 Page 19 of 133 TABLE 1 I DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY SINGLE ZERO SINGLE FAMILY MULTI- FAMILY LOT ATIACHED AND FAMILY DETACHED UNE DUPLEX TOWNHOUSE DWELLINGS Ca.ry I 2 3 4 5 MIaIDmm Lot Area 5,500 SF 5,000 SF 3,500 SF 3,000 SF lAC MiDimum Lot 55 50 35 30 150 Width *5 .,....tVanI 20.3 20 *3 20 *3 20 *3 25 F....t Yard for Side 10 10 10 10 15 Eatry Garqe S1deVanI 5 *6 o or 7.5 Oor.5 BH 0.5BH Rear Vard Priacipal 20 10 20 20 BH Rear Yard Ac.... 10 5 10 10 15 lOry Rear VanI *1 10 5 10 10 .5BH MalI:llDDm BuIIdIuc 3S 35 3S 3S 35 Hellbt *:Z DlstaDCe Batweea 10 10 o or 15 .5SBH .5SBH PrlDdpal Structures Floor Area Mill. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF s.F.\ III' --.. 11II' .... fit........ HeIgId): c............ of................... fOr.... .......11I....___..... .......--.. Ail...... aN...,....................,..... .., ....,............. ....I'M......-y............... ...........-......... MIa 11 .. ..... .......1,J.IA.'r.J alltui LDC. as..-.... ~,.,..... ...-..............: A- ...,..... II........ by........................................... ___.~ I .4....... L .................~. """'r'IIM._ II ___.... eM'" rtt......CIIIiIMI).........,..- ,........... 1-...............U be........a ____ .............. fnt ~..................... to ____~.............. filii............ ,... t' . lilt.................. ~fDt J paddnO ~....... .......................... ..-..............-.a In,.....~.., -.... "'JIIIII.~ lto r Ior..............'r..,.. _............. ... bell...... .....1IfIllI......... /III _........ 011.110.,.............. lot.. _7._.i I,D........ __ aIIoaeon.......ItnM.. ..... ....., ............ ........... ...... .... ... J,IIO .................. ...... ...........,......... ......... ...... ...... .. . ......... ..... ...,.. ....... ., .,.... .......c ... ........ ........... .--a, ..-- '6. ZMllMt (0') or a minimum of ftve _ (51 on ailhor _ oxcept hi""'" ... ZII'O loot (0') yard option Is U_, the lJllPOIile aide of the atrucb.n ehall haYe. wn.faot (10') YJlrd. Zero foot(a'),.-,.,......IDIl........-.c:e.nptOWiOed..IlleCQllCleileWlIoat(10'))f8I'd ilJIfOWiMd. 3-4 I -_..- - l- I I Agenda Item No. 12A February 26, 2008 Page 20 of 133 - ~ COMMUNITY COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit .AW) as .C. Community Commercial. MAXIMUM SQUARE FOOTAGE AND ACREAGE I 4-2 I A maximum of 231,000 square feet (gross floor area) of Community Commercial uses may be constructed on lands designated .C. on the Master Plan (Exhibit "A"). The Community Commercial tract is limited to a maximum of 23 +/- acres. 4-3 GENERAL DESCRIPTION A. Areas designated as .C. on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. 8. The approximate acreage of the "C. district is indicated on the Master Plan. .- This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Community Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. 4-4 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Agricultural Services (Group 0742, except no outside kenneling) 2) Amusement and Recreation Services, Indoor only (Groups 7911-7941,7991,7993) 3) Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641. 5651,5661,5699) 4) Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531,5541) ,,_. 4-1 I -._- -~_._,-- ..----If _ ._<"___.u__.... _d___"'_ '-'_. Agenda Item No. 12A :Ii February 26, 2008 Page 21 of 133 5) Automotive Repair, Services and Parking (Group 7542) I , 6) Building Materials, Hardware, Garden Supply with no outside storege or display (Groups 5231, 5251, 5261) 7) Business Services (Groups 7311.7323, 7334, 7335, 7336, 7338, 7352,7371-7379, 7384, 7389) i 8) Communications (Groups 4832, 4833) 9) Depository Institutions (Groups 6011-6(99) 10) Eating and Drinking Places (Groups 5812) 11) Engineering. Accounting and Management (8711-8721, 8741, 8742, 8748) 12) Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 13) General Merchandise Stores (Groups 5311. 5331, 5399) 1~) Health Services (Groups 8011-8049) 15) Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713,5714,5719,5722,5731.5734,5735.5736) 16) Hotels and Motels (Group 7011) 17) Insurance Agents, Brokers and Service (Group 6411) 18) Membership Organizations (Groups 8641, 8661) 19) Miscellaneous Repair Services (Groups 7622, 7629, 7631) 20) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5992, 5993, 5999) 21) Motion Pictures (Groups 7832) 22) Museum, Art Galleries (Group 8412) 23) Non-Depository Credit Institutions (Groups 6141,6159,6162,6163) 24) Personal Services (Groups 7211-7212. 7215, 7219, 7221, 7231, 7241,7251,7291) 25) Real Estate (Groups 6531, 6541, 6552) 26) Social Services (Group 8351) 4-5 ACCESSORY USES AND STRUCTURES A. Uses and Structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4-2 -- I- ~._. -- !I Agenda Item No. 12A February 26, 2008 Page 22 of 133 ' - 4-6 Development Standards A. Minimum lot area: Ten thousand (10,000') square feet B. Minimum lot width: One hundred (100') feet C. Minimum yard requirements: 1) Front yard: twenty-fIVe (25') feet 2) Side yard: zero orten (0' or 10') feet 3) Rear yard: twenty (20') feet D. Distance between principal structures: One half the sum of walls opposite one another but not less than ten (10') feet. E. Minimum floor area of principal strudure: seven hundred and fifty square feet (750') per building on the ground floor F. Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code. All parking lot lighting shall be low intensity and shielded from residential areas. G. Maximum height: fifty feet (50') and not to exceed two stories for commercial structures within 60 feet of the residential trad boundary line. H. General application for Setbacks: Front yard setbacks shall comply with the following: :1 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. I. Maximum density of HotellMotellodging facilities: 1) The net platted density of hotel rooms per acre may not exceed twenty-six (26) units per acre. J. Commercial trash dumpsters shall be located or placed within 100 feet of any residential tract boundary line. 4-3 , r- I ". -- "_...~-,-",...",-_._,_. -~...... Agenda Item No. 12A February 26, 2008 Page 23 of 133 SE~nOU 'I RI;'~I\YE gISTRI~ 5-1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A"). as Reserve. 5-2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems. to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Richland rasidents. 5-3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected. altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Passive recreational areas, boardwalks, and recreational shelters. 2) Nature trails. excluding asphalt paved surfaces 3) Water management facilities, structures and lake bulkheads or other architectural treatments 4) Mitigation areas 5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Reserve District 5-1 -.- J ., -' Agenda Item No. 12A February 26, 2008 Page 24 of 133 -- s-. DEVELOPMENT STANDARDS A. All setbacks from preserve areas shall be in accordance with Section 3.2.8.4.7.3 of the LDC, as amended. 5-5 RESERVE DISTRICT CONSERVATION EASEMENT i I' I ] A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code. said easement shall be provided in accordance with the terms set forth in the applicable permit grented by said agencies. The Richland Commons Association shall be responsible for control and maintenance of lands within the Reserve District. .- 5-2 - --- _._e ..-- --------r-. -- .-. Agenda Item No. 12A February 26, 2008 Page 25 of 133 I ~ GEtlliRAL DEViLOPMENT COMMITMENTS 8-1 PURPOSE The purpose of this section is to set forth the standards for development of the project. , 6-2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. 6-3 PUD MASTER PLAN A. The Master Plan (Exhibit "A"), is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible. so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. B. The Planning Services Director shall be authorized to approve minor changes and refinements to the Richland Master Plan upon written request of the Developer. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Richland PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.2 of the Collier County Land Development Code. 6--1 -.- ---- I=- -"-"-_.",_._. -. --"~~,.,,~._~ ,-~..".. 1 ' :! I Agenda Item No. 12A February 26, 2008 Page 26 of 133 - 3) The minor change or refinement shall be compatible with adjacent 1\ land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. D. All necessary easements, dedications or other instruments shall be granted to ensure the continuance operation and maintenance of all service utilities. E. Agreements. provisions or covenants which govern the use, maintenal1ce and continued protection of the PUD and common areas will be provided. 6-4 DEVELOPMENT COMMITMENTS A TRANSPORTATION ! 1) When deemed warranted by the County, the Developer shall provide fifty (50') feet of additional road right-of-way along the south side of Immokalee Road in accordance with the procedures and standards of I Sub-section 2.2.20.3.7 of the Collier County Land Development Code. Road Impact Fee credits will be allowed for this right-of-way to the maximum extent provided in the Road Impact Fee Ordinance and in accordance with the approved conversion fonnula. - 2) When deemed warranted by the County, the Developer shall provide left and right turn lanes at all project accesses on both Immokalee Road and CR-951. If median openings are permitted upon the four laning of either road, the Developer shall be responsible for the cost of all intersection modifications needed to serve project accesses. 3) The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed war- ranted by the County. The signals will be owned, operated and main- tained by Collier County. 4) When deemed warranted by the County, the Developer shall provide arterial level street lighting at all project accesses. 5) The road impact fee shall be as provided by Ordinance Number 01- 13, or as may be amended. and shall be paid at the time building per- mits are issued unless otherwise approved by the Board of County Commissioners. 6) Access improvements shall not be subject to impact fee credits and. excluding traffic signals, shall be in place before any certificates of occupancy are issued. 6-2 - _.~. 1,\r ...___0 -'-'-~- - 'I Agenda Item No. 12A February 26, 2008 Page 27 of 133 7) All traffic control devices used. excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required in Chapter 316.0747. Florida Statutes. B) The commercial tract shall provide an intemal vehicular cross access i to the residential trect. Sidewalks shall be provided on one side of the I interconnect road. A metal security gate shall be placed on the com- mercial tract to allow for the stacking of a minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibil- ity of the commercial property owners andJor their property owners association. No construction traffic shall use this interconnection. 9) Access locations to Immokalee Road and to Collier Boulevard are conceptual and subject to review and approval at final site plan submittal consistent with the Access Control Policy (Resolution 01-242). as may be amended, and the Collier County Construction Standards Handbook for Work Within the Public Right-of-Way (Ordinance 93-64), as may be amended. All access and median locations are subject to modification and/or closure at the discretion of Collier County based on safety, operation or capacity reasons. B WATER MANAGEMENT 1) Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 2) The Developer shall be responsible for the installation of properly sized culverts at the proposed entrance road locations placed on the relocated swale centerline, at such time as driveways are installed. 3) Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 4) In accordance with the Rules of the South Florida Water Management District, Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 6-3 .-"-..- iL -..---.-.--. .- Ii -'-- Agenda Item No. 12A February 26,2008 Page 28 of 133 .-- !i 5) Design and construdlon of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the ' , , Collier County Land Development Code. C UTILITIES 1) Water Distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the projed are to be designed, constructed. conveyed, owned and maintained in accordance with Collier County Ordinance No, 97-17, as amend~, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the projed, the water and/or sewer customers shall be customers of the interim utility established to serve the projed until the County's off-site water and/or sewer facilities are available to serve the project. 3) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or --. receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at its expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with Collier County Ordinance No. 97-17, as amended. 4) If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demend, in addition to fire flow demand at a rate approved by the appropriate Fire Control Dlstrid servicing the project area. 5) Public Service Commission Territories: Prior to ~pproval of construc- tion documents by the County, the Developer must present verifica- tion pursuant to Chapter 367, Florida. _. 6-4 : I- t I -.- -. .-..-.---.--.--,-- --.... .-~__~~....._...-T .__..._--,-~-- !!-' Agenda Item No. 12A February 26, 2008 Page 29 of 133 Statutes, that the Florida Public Service Commission has granted , i territorial rights to the Developer to provide sewer and/or water service i to the project until the County can provide these services through its water and sewer facilities. D ENVIRONMENTAL 1) Petitioner shall be subject to Division 3.9 of the Collier County Land Development Code. requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Community Development and Environmental Services Administrator for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent poSSible and how roads, buildings. lakes, parking lots and other facilities have been oriented to accommodate this goal. 2) All exotic plants. as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development. a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Administrator. 3) If during the course of site clearing, excavation or other constructional activities. an archaeological or historical site, artifact or other indicator is discovered. all development at that location shall be immediately stopped and the Code Enforcement Department shall be notified. Development will be suspended for a sufficient length of time to en- able the Code Enforcement Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Code Enforcement Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 4) Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. 6-5 II Agenda Item No. 12A February 26, 2008 Page 30 of 133 - Removal of exotic vegetation shall not be counted towards mitigation II for impacts to Collier County jurisdictional wetlands. 5) This PUD shall be in compliance with Division 3.11 of the LDC, as amended, which provides protection for Endangered. Threatened and Listed Species. E SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS i 1) Section 3.2.8.3.19: Street name signs shall be approved by I the County Engineer but need not meet U.S.D.O.T.F.H.W A. . Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to the County Engineer's approval, but need not meet standard county requirements. 2) Section 3.2.8.4.16.5: Street rights-of-way and cross-sections for the roads shall be as designated by developar at time of final construction plans. 3) Section 3.2.8.4.16.6: The 1.000 feet maximum dead-end street length requirement shall be waived. , i ~-. 4) Section 3.2.8.4.16.8: Back of curb radii may be reduced to thirty (30') feet at local intersections. 5) Section 3.2.8.4.16.10: The requirement for one hundred (100') feet I tangent seetlons between reverse cuIVes of streets shall be waived. 6) Section 3.2.8.4.21: The requirement for blank utility casings shall be subject to County engineering approval, but need not meet standard County requirements. i F MISCElLANEOUS ! 1) Access to the project shall be restricted to those access points shown on Exhibit "A". 6-6 ,_.-. ~ -- -"-"- ...._<~,..-~..r-..'"" ~--"-'-.. _. -- , I . , lJ-----. --- _. ---.-.-.-- I I <(CO,,", NO,,", .,....0"- I .N ''''' ,__._ _ . _ OeD ..... - - ..mus' 12ZI'J'Cao~ I.... ZE'::' _I""' ...._""'''',:u.... JOI^~a W'i I_ e "Iff.....,...'..__ 2 ro .......IIW_CIW --... !l1rW'L16' ...-. ....SS...U...A - ::l 1ftI__...-r'l' . "'I. J_ _U...."'I 'CO w w _ co.o -- -_ D~"""..ara' __ DO) :i3u.. Jf ........ J _ 11:; Ql ..w .DMG /--"'----_...... ... .--. -~ .....II--~ (-:)t' 'F(JI;l) brlCll .... ...__ ,... ....... ....__ ~ J:J7OlId 9 (."" >'" ) S3JIYI r.w on ) '''''-,b-JH!>>I ~ e ,001> .. .L :31Y:>S (""'>'1[') -- 0 S (-:)t' >'u ) (S3>/Y7 """"7:I.Q) 'MIHillISlIlI 0 -,,,oo,,/: * f-\ ~ -1'''' 3 M ("", 'Fl'~ ) .............., \!!./ 0"'::> 0,-rJ "- ,,0 ,0 GN3[)31 N III" " " " " " "l : 0 I I I ~ ,! 0 q i) \-! \1 \' MLif 1: :::: '".._) J i I 0 , I ~ U (!) }}t::::::::::::::::.- ( : I ) II" ~ .::::::::::::::::::::::::::::::::. \.....___/ 1 I it .'. .'. ....::::::{iIiI!III:!:!:!I!It::::: ..-/'..-' : Ii \ ~~:1:j:j~~~j~~~1~1f:~111lj~1'jjljj!i~1j~!ilil1:ii~:~1~1:lj!1!j!!lj~::t:: I I 0 ..................................... /7:\ : .::::::~:f{{}{{}}{~{~~~~{t{{{.. I!!.J II I ;t ................................ II iI .:~:}}?~:~:?~{{:}~{{{{::;;.# .. I .. ..........r.;............. #' C"'-' - ~ :::::::::::::::::::::~:::::::::::::::::::::.:-. + ."" /' I ........................1 . .:::::::::::::::::::::::::::::::::::::::::::::.: ") I ........................ . I I .::~:tttt)tt)t~//~:: I~ ..' \ . . '-mrmrrrrrmn:rr. ..._..._.~.J. : eW I. .:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:. ,L._.._..._..", I I O :~~~~~~rrrr~ttt~}{ · "1 '\ :1 ::::::::::::::::::::::::::::::::::::::::::.: I .....................~ 0 . : ~- ..t{t//tftff:',. :~--.J' 'J I ---. -. ~.. :~:I~~IiI~I~~~:I~I:I _ . ~.. -- _................ -- - ---- ~ -- __..I.IJ. ~ ) ---- - , <(COM NOM _O~ " ,,- .0 .oN NM j . E~ ' ~~~ rIll "'.e(L IIJII J~ Ill! . Cl CIJ I- 1,.1 i 11I0 II I~ .!~ ill ~I ~Q I I ~ ~... . I ' . h OQ I.l_ 'r.l~ ~~;? ~ 0- ~ d I! _ J-'~ @).:9 . ~i . --~-~----------_.- .... ... ('.nt~MIrJ"IOO .._.._ I ~ I ~ II ___ ; 1ol.1 · fi::~ ~ t~:i:i, I I . ~8 ~~ I I;,;,i; , 2 - ___ ~ I r l::'::: ffi (i:: I I I e W ffi - 1'1 I I:"::: iil "'- I i IIII l'!:!~ ~ ~ ~ I Iii I I?:. I Iii ....J..l III If~;; ~ ;Jt ~ i! i _I bd t:l '.].~ 8~!:i' '\.J ~ ';,;:,: . - ... =.! ~I,;:~:: !. =: ~ I . I -I .,.--' I ~ Z ~..... ,R . ~~ -~ 3 ~_./ n I e ~ F; ~....J ., 0-.- '-...../ i'; !J liS J = ..-J ~ I!JI @ ~8 -_......._"""",..-~~._.- "-''''>''~'---''-'- Agenda Item No. 12A- -rn--- February 26, 2008 Page 33 of 133 I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, C\fc ..... = r-l""l = r--e ..... hereby certify that the foregoing is a true and corre~~ .... ." ,.., :>:=: co - (J)--' N copy of: tf)!:} - ,..,~ 0 j ,..,- ::- m . C' ORDINANCE 2002-07 ~-.-, ::: 0 0'" - ;:2CI~ .. -> N =..... ~ ;.'" Which was adopted by the Board of County Commiss1oners on the 12th day of February, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th I day of February, 2002. '" '-'"'''' ..~;~'.r:'.:'i.13. ;:~"" DWIGHT E. BROCK.;.... .,"""~\. '~~ Clerk of court~:a~.Cl:e;k i' Ex-officio to B1:laia 'of. "" '.' County commissi~eti. :-:~ J~.' ;;.: t..H.W;a~' "iJ J' .. " ~~)., ~"'~J' (.I~ , . By: Ellie Hoffman. Deputy Clerk "" --' i , -- --"--'- ----_.- --- l -_._._~ ---- --- A enda Item No. 12A c.c.~C- February 26, 2008 Page 34 of 133 January 17, 2002 involved with these before. And if you get above a height, a sight-to- sight, you are probably a little better off. I don't understand why the 145 or 155 cannot do. Yet it bothers me that I cannot get a definitive answer to that question. MS. MURRAY: I think that was answered. I think the only remaining answer is whether or not there is a lease that is going to terminate in the near future that might make that space available. COMMISSIONER ADELSTEIN: Not only for 145. Let's say 150 or 160. MR. MURRAY: I think Miss Flagg says she needs 145 feet. COMMISSIONER ADELSTEIN: This flagpole is 165 feet high. MR. WHITE: There could be potentially interference issues that arise from the location of the antenna at any other height regardless of whether it's better on a site-to-site only. That is based upon my prior experience with similar issues. COMMISSIONER WOLFLEY: Which brings up -- I think we also requested back on the 20th, I believe it was, that we see some sort of frequency allocation due to the potential interference. All I see that is new here is a letter dated January 9 from a David Quinlen of Nextel that says that it should not cause significant interference. Well, "should not" is hardly strong enough for me. I have been involved in an awful lot of "should not" statements and it usually is. So I would like to see a frequency allocation chart for the people that intend to go on there and the ones from across the street CHAIRMAN ABERNATHY: Are we ready to move on to Agenda Item D? That is PUD-2001-AR-1494, PMS, Incorporated, representing Kenco Development. Any -- all persons intending to testify on this matter, raise your right hand to be sworn. (All parties sworn.) I Page 33 ::r- " --.- il ._.~ .. .~_._-~,~- ----,....._.__.~-- - Agenda Item No. 12A -- r IT-- Feb~~~~ 3255~1~~~ .1 January 17, 2002 " I CHAIRMAN ABERNATHY: Any disclosures? -'II COMMISSIONER STRAIN: Yes, Mr. Chairman, I have quite a few. I spoke with the applicants agent PMS, Inc., and we discussed __ she described to me the concerns that she saw with -- the last time it was brought forward to us concerning the -- some of the inappropriate things that were in the report versus what they had intended to submit, so I think hearing it today was probably a good idea. Also, we discussed my concern over some of the commercial uses that were to be applied for, and I suggested she relook at those commercial uses strongly. I also spoke to Marjorie Student and Ray Bellows in a conference call concerning delaying the last meeting because of the lack of sufficient information. I have various e-mails gone back from Dawn Wolff and I. - Dawn's department had not reviewed the final package in this case. I - They had just gotten it, I believe, on Wednesday or maybe Tuesday, from what I see in her e-mail. I'm not sure how much transportation -- she did have some comments from transportation regarding some of the uses not qualifying pursuant to the traffic impact statement that was done. And I have an e-mail from a Mr. Ardenhalt from the Pebblebrooke Lake Subdivision. He asked that his e-mail be submitted to the record. Is that okay if I do that, Mr. County Attorney? MR. WHITE: I i don't have any objection. COMMISSIONER STRAIN: Who do I give it to? MR. WHITE: I believe the court reporter. COMMISSIONER STRAIN: Thank you. CHAIRMAN ABERNATHY: Other disclosures? Mr. Wolfley. - ~ Page 34 I !1- ~--- Aqenda Item No. 12A February 26, 2 Page 36 of 133 I 1 , January 17,2002 I , I ,I COMMISSIONER WOLFLEY: Yes. I spoke with Ms. Bishop as well regarding the uses and -- within the Pebblebrooke community. And also I may have to abstain due to an appearance of conflict of interest with the applicant. My question to Mr. White is, would my abstention would that -- should I or should I not comment throughout the -- MR. WHITE: If your intention, Commissioner, is to abstain voting because of a conflict -- COMMISSIONER WOLFLEY: Potentially. MR. WHITE: -- a potential conflict. you still have the right to participate in the discussion on the matter. You just must abstain from the vote. COMMISSIONER WOLFLEY: Thank you. CHAIRMAN ABERNATHY: Other disclosures? COMMISSIONER MIDNEY: I spoke with Karen Bishop. COMMISSIONER RICHARDSON: Yes, sir. I spoke with some residents of Pebblebrooke; Jerry Brosso, Craig Haas, and Jeri Buehler. I also spoke with Karen Bishop, the owner's agent, and received an e-mail from Russell Ardenhalt that was submitted to the record by Mr. Strain. COMMISSIONER YOUNG: I received an e-mail also. CHAIRMAN ABERNATHY: No other disclosures? COMMISSIONER YOUNG: No. CHAIRMAN ABERNATHY: Mr. Richardson, anything else? COMMISSIONER RICHARDSON: I received an e-mail. I didn't realize it was on this one. CHAIRMAN ABERNATHY: I did too. While we are on this subject of disclosures, ex parte communications, Ms. Student advises me that the county attorney in response to our question about ex parte communications has reiterated his earlier advise that each of us as individuals can decide not to engage in ex parte communications, I Page 35 I I ._.<.,. ... -......."..-----.--..-, ----~--,>------- - - - ---- ---- O. 12A February 26, 2008 Page 37 of 133 January 17, 2002 - ) period. GI SO that being the case, I'm going to take the county attorney up on it Henceforth I do not intend to engage in ex parte communications on matters pending before the Collier County Planning Commission. And I invite each of you do whatever your desires are in the matter. I don't think you need to make it a matter of record. Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows, current planning staff. The petitioner seeks to rezone the subject site from PUD to PUD for the purposes of amending the Richland PUD. The purpose is to reduce the number of dwelling units from 650 dwelling units to 400 dwelling units and reducing the residential acreage by approximately 3.2 acres and increase the commercial tract by the same amount. i .-' As you can see on the visualizer, the subject site is located on I the southwest comer of Immokalee Road and Collier Boulevard. ~ This is currently a development -- or PUD that is currently under development. We have a copy of the currently approved master plan. As you can see, the existing commercial tract comes in and is i , i predominantly oriented in the -- down. Along the frontage of County Road 951. The proposed change to the master plan increases the commercial tract by 3.2 acres along i the southerly direction shaded in this cross-section area, resulting in the final master plan to look like this (indicating) with the i commercial tract here. This is an existing subdivision being developed to single-family subdivision. There is requirement by transportation to provide an interconnect from the residential portion into the commercial tract. This would allow residents within the development to access the commercial portion without having traffic to head on to County Road - Page 36 ---- -~--_._- ;1- Agenda Item No. 12A I' J February 26, 2008 Page 38 of 133 January 17, 2002 '. :1 951 and back out -- back into the commercial tract there. That would really drastically improve traffic circulation at that intersection. The petitioner has not requested any changes to the list of currently permitted commercial uses within the PUD. Those will remain the same. The future land use elements indicates the project's located within an activity center. This is the future land use map (indicating). As you can see, it's located within that activity center, which is the place where county encourages commercial development. So this particular commercial tract is solely -- wholly within this activity center and is consistent with the Growth Management Plan for a wide range - full range of commercial uses. The transportation review indicates that there was an estimate done by Chahram Badamtchian concerning the possible difference in i traffic growth. His estimate was that the project could -- this proposed amendment could increase traffic by 3,750 trips. That's an estimate based on the increase of square footage possible with this additional acreage of approximately 75, 000 square feet versus the reduction of dwelling units. However, it should be noted that this estimate may be -- not taken in all the factors, such as reduction of trips due to the interconnection of the residential tracts to the commercial tract, which would reduce the traffic volume coming in il I and out of the PUD. So we have a revised traffic estimate that I indicates that, in fact, there may be a slight decrease in traffic as a result of this petition based on the reduction of dwelling units and interconnection of this project to the commercial. CHAIRMAN ABERNATHY: The report said there was an increase. I MR. BELLOWS: The environmental review by staff indicates that the subject preserve area, as you see here (indicating), will not be encroached upon by the change in the master plan. They have I Page 37 'I I : It- -'~'~---"~_. .------....-.".--.-.- ." .-.-=.-----r'..-...." - -- _.~_._-- February 26,2008 Page 39 of 133 January 17. 2002 \ I ,II recommended approval. The staff has had discussions with many of I ,I i the residents within the community of Pebblebrooke. Some of the concerns raised by the residents was the interconnections to the site may cause a lot of traffic in front of their homes, and they were concerned about the landscaping between the two projects. The petitioner also had a public meeting with the residents there, and I think there was some agreement as to how the landscaping and buffering and the gated entrance into this commercial tract should be handled. And it's my understanding that some of the agreements that have come out of those meetings with the residents included -- if I can show you on this one particular map, this is the location of the interconnect into the commercial tract (indicating). The county's planning staff is recommending that the gated entry occur approximately 20 feet north of this tract boundary line to allow for any stacking of cars to occur on the commercial tract and not on the residential tract in front of these lots here. We also are requiring ! ! additional landscaping and buffering, a wall along this tract line to help buffer this commercial from the residential units. Staff is recommending that that stipulation be added to the PUD document. Staff has received three letters in support of this petition from residents within Pebblebrooke, and I have received one complaint, basically, because of the location of the gated entry into the commercial tract that would be on their road in front of their house. They prefer to see that interconnect on the other road. I will be happy to answer any questions that you might have. CHAIRMAN ABERNATHY: Ray, before we get to substantive questions, let me ask sort of a housekeeping and procedural one. This item is denominated PUDA -- so forth. Does that not connotate a PUD amendment? Page 38 -------" ------ - - NO.12A February 26,2008 Page 40 of 133 January 17,2002 MR. BELLOWS: Yes. PUD is amending -- we are amending an existing zoning district, the Richland POO, but we are amending it through a rezone process of repealing the old ordinance and crediting a new ordinance; so technically it's a PUD. CHAIRMAN ABERNATHY: Going PUD to PUD. MR. BELLOWS: That's correct CHAIRMAN ABERNATHY: That becomes a PUD amendment. Really, you are scraping the old PUD. MR. BELLOWS: Yes. But-- CHAIRMAN ABERNATHY: You are not amending it. MS. MURRAY: Technically, I will agree with you, Commissioner. It should read, "PUDZ, which is the acronym for PUD to PUD rezone. In effect you are amending the PUD but -- CHAIRMAN ABERNATHY: But the way you do it -- Ron Nino taught us so well -- was to go from a PUD to a new PUD. ....- MS. MURRAY: That's correct. CHAIRMAN ABERNATHY: Then my question is, if this is a PUD rezone, should we not have the findings necessary to support a POD as a part of the package? MS. MURRAY: Are they contained in there, Frank? MR. BELLOWS: This was intended to be a PDA. It's a process -- yeah, the PDA, we're amending an existing zoning district, and it's minor changes. We have a strikethrough and underline. It was just a housekeeping method of going from PUD to PUD. So therefore there was no need to do the findings for rezone because that was already done when the project was rezoned. We're not re-inventing the wheel. We are basically making minor changes to the existing zoning district. The changes were minor enough it was determined to be a PDA. Now, there should be some question whether this should be a Z or an A -- it's my understanding -- and I have been here 12 years -- that we do it as a .- Page 39 i . --~-~ _._--~---~~. .... --~,-_._"--_..,.- - ~-~~ ^g8nd" It..", ~IO 1?A il February 26, 2008 Page 41 of 133 January 17, 2002 PDA. It's just a form of convenience that we repeal the old ordinance for the new ordinance. CHAIRMAN ABERNATHY: It seems to me that the questions that you have to answer for a PUD, the answers might be different considering all of the changes that are made. MR. BELLOWS: The changes aren't to the uses of the land. The uses still remain the same. CHAIRMAN ABERNATHY: All right MR. BELLOWS: It's just switching acreage around and reducing dwelling units. So those conditions were already reviewed and approved by this board and board of county commissioners. CHAIRMAN ABERNATHY: Now, let's get to substantive. COMMISSIONER RICHARDSON: Mr. Chair, would that argue then that we can ask no questions about anything except just what you consider to be insignificant? MR. BELLOWS: No. As previously stated to this Planning Commission, any PUD amendment whether it's PDZ -- repealing the ordinance or PDA, amending and just repealing the old ordinance with the new, it still opens up the entire PUD document for review, and it's distributed to all of our review agencies, and they look at it as a new zoning action too. COMMISSIONER RICHARDSON: In that spirit, then, was I , this -- does this subject to the public participation process since it's a brand-new PUD? MR. BELLOWS: This petition was submitted prior to the adoption of that ordinance, so they did not go through the public information process as currently adopted by code. However, the petitioner has on their own accord held public information meetings to make up -- since they submitted prior to that ordinance being adopted. COMMISSIONER RICHARDSON: However, we don't have Page 40 , lit- , I' A enda liem No. 12A ' '/ February 26, 2008 Page 42 of 133 - January 17. 2002 any record of that; that's part of the public participation process or any commitment -- MR. BELLOWS: This was in the works prior to the adoption of that ordinance. COMMISSIONER RICHARDSON: This change in the traffic impact is kind of curious because the document that we have says there is going to be 3,750 more weekday trips. MR. BELLOWS: That's correct. COMMISSIONER RICHARDSON: And I don't have any other information, except what you have given us verbally, that this number may be a lesser number or may be even be a negative number. MR. BELLOWS: The applicant has their traffic consultant here. COMMISSIONER RICHARDSON: No, I'm wanting to hear what the county's traffic people have to say about it MR. BELLOWS: Yes. And I believe we have Dawn Wolff here to answer specific questions. COMMISSIONER RICHARDSON: That would be helpful. MS. WOLFF: Dawn Wolff, transportation planning department director. We did review a specific transportation impact statement provided by the applicant's consultant. We required some modifications to it to include additional detail. They will be increasing the overall traffic. We were not included in that specific write-up, which was referenced that Chahram had calculated the number and had since been recalculated between Mr. Bellows and the applicant's consultant, Mr. Jarvey, on that. The specific change in the square footage area, I believe that is contained in the information, although I cannot attest to it since did I not see the specific numbers that Mr. Bellows was referring to. i I am assuming based on the fact they were confirmed with Mr. I Page 41 'I ,'H- -~~~----_.,-, _ '-._--',".._---,- --~--- - --- -----~ -- -~-~ L1genQ? Itom I\IIi 1?A Ii February 26, 2008 I Page 43 of 133 I January 17.2002 ~ - Jarvey and we found that there traffic impact statement was sufficient and consistent with the requested applications, that those numbers would be consistent with their impacts on the system. It is greater than what was previously approved. However, with the board's direction from the December 18th meeting and the commitment to make improvements within a 3-year time period on both Collier Boulevard and lmmokalee Road within the impact area, they were deemed to not have created a significant and adverse impact on any of the roads based on the current growth Management Plan policies and procedures. COMMISSIONER RICHARDSON: Ms. Wolff, I'm sorry. I didn't catch the number. MS. WOLFF: I don't have that specific number right here, because I was not afforded the opportunity to put those numbers together for you. "'" COMMISSIONER RICHARDSON: Is it a number higher than "- 3,750? Is it less than 1O,000? MS. WOLFF: It's less than 10, 000. COMMISSIONER RICHARDSON: It's your considered view that the condition of 951 and Immokalee Road are such that they can handle that much more traffic before the improvements are actually made? MS. WOLFF: I didn't make that specific statement. CHAIRMAN ABERNATHY: Cannot say that, no. COMMISSIONER RICHARDSON: But I would like to hear some assessment on your part. MS. WOLFF: Based on the level of evaluation that we are allowed to do because of the information that we have at the time of a rezoning application. which is extremely general, the evaluation is made on what potentially is a presumed level of impact for a i maximum land use of that area. ,-. ) '-- Page 42 I - _."-- III ----- - - ~- ------ -.---- -- -- February 26, 2008 . , Page 44 of 133 ! January 17, 2002 III We were provided a square footage number of 231, 000 as a total commercial square footage with some reductions in the residential units. We allowed some compensation and reduction of the difference between what had previously been approved as the commercial total square footage, which was 125, 000, and the reduction of residential units to come up with a net new traffic number. We did allow them, because we are requiring -- since this is a singular PUD project. It's a mixed project. It's supposed to be -- to have circulation throughout that it includes an interconnection to the residential portion. We did allow for a partial reduction in external new trips from that commercial because of that interaction between the residential trips that they wouldn't be going out on the major road system. So there was some allowance for that If this is built in the next two years and becomes active, will it have a significant impact on the roadway system before those road improvement go in? Yes, obviously it will. However, we are required under statute and under our Growth Management Plan to consider the capacity that will be created for projects which are committed for construction within a three-year time period. CHAIRMAN ABERNATHY: Did you read Brent Batton's article in Monday's Naples Daily News about the three-year grace period? MS. WOLFF: No, I did not. CHAIRMAN ABERNATHY: It's instructive. He claims that the county chose the most pennissive of the three options available and in that a catch-up period of three years is allowed. and the county didn't have to do that. The state gave some choices that you could make. If what he says is true, then, perhaps, some of us might want to go back and take a look at -- at the Land Development Code inasfar as how permissive we really want to be at this stage of the game. Page 43 i I I I ...- ~'"_. .-.. .-_.~--,,'~ -~----- - - ------- -- - - ~ ^ I , I February 26, 2008 , Page 45 of 133 i January 17,2002 .,.;.". MS. WOLFF: Actually, it's not the most permissive. The statute allows for five years for the local plan. Only three years for the state plan. The county has chosen through its policies and procedures to be consistent with that which is allowed for the state program, which is to only consider the three years, because of financial availability, because of priorities which may need to change due to changing traffic patterns that aren't necessarily specific to development patterns that allows us the flexibility to address issues that may arise beyond that three-year period. If we go all the way out and commit ourselves a full five years, we are really pegging ourselves into a series of absolutes and leaving very little room under our revenue availability to make any adjustments which need to be made to address additional new system deficiencies -- ones that may come on line that aren't necessarily specific to new project development coming on line. I ,,-' CHAIRMAN ABERNATHY: But some more restrictive option. Five is the least restrictive. Three is next. What is the -- if you wanted to tighten up, what is the option? MS. WOLFF: The county could have the option of anything which is within the current fiscal year capital program. Some areas of the state have been that restrictive. However, we would still be forced under statute to recognize three years of the State's program. CHAIRMAN ABERNATHY: Ms. Young. , i COMMISSIONER YOUNG: Brent Batton says, "Instead of using the three-year window, a county can elect to count only facilities that are actually built That would effectively slow development while roads, drainage systems, and so on catch up." So i we could change our concurrency law to that effect. CHAIRMAN ABERNATHY: If he's right. COMMISSIONER YOUNG: Is that right? COMMISSIONER WOLFLEY: It is the newspaper, after all. .~ Page 44 Ir- AOl=mrl~ !tpm Nil 1?A ! il February 26, 2008 Page 46 of 133 January 17, 2002 ( ; MS. WOLFF: I would not speak to saying if that is or is not correct. I don't have that specific statute in front of me to say that that is absolutely correct. I believe we would be in a legal situation to say we would only presume that level public facility availability is __ has many definitions, and what is legally sustainable. I believe -- I think Patrick could support me in the fact that I think that could put us in a situation of not really meeting the intent of the Growth Management Plan. However, I will not speak to that in regards to what Mr. Batton's article states. I did not review it. I have a tendency not to. COMMISSIONER WOLFLEY: Here, here. MS. WOLFF: But the fact is that there is current policy onboard in regard to what and how we may address it. Yes, staff is currently reevaluating what thresholds are and will be coming forward with Growth Management Plan amendments, as well as Land Development Code amendments in regards to determination of adequate public facilities. Yes, they will all be drastically different than what is there today, and that is consistent what we spoke with the Board of County Commissioners about during our late November and December meetings with them in regard to AUIR. COMMISSIONER YOUNG: Could we then maybe -- staff could do some intensive study on the possibility of reviewing and revising our concurrency -- MR. FEDER: For the record, I'm Nonnan Feder, transportation administrator. What I would like to point out as Dawn mentioned, we are looking at a number of things, very significant things. Modifications of that whole provision that is annual update into the report and our concurrency management system 315 of the Land Development Code. One of the things we will look at is the issue -- and we are already looking at our time frames. But as Dawn pointed out, the I Page 45 I I ----.---..-.. ..-'..--,....-..' -- -~._- - -- Aoenda Item No. 12A February 26. ) Page 47 of 133 January 17.2002 ...J State has a three-year time frame. They provide for five years. -", i , Collier had already gone to three. The option of whether you go to a lesser time frame and what the implications of that are and how much it meets your needs versus many of the other things you are looking at are things that we are looking at right now. We will be bringing issues back by mid March based on direction, if that's what we are given from the board, the 22nd to set up a specific schedule for next round of land development changes. There are a lot of issues we brought forward. One we brought forward to you with PUD, provisions with access management -- that is already moved forward. But there are quite a few other things we are looking at As Dawn points out. there are issues we have to look at. and we have to weight those back and forth. We will do that in a public forum and obviously seek your input on those before they go ~ forward. '-- COMMISSIONER RICHARDSON: Mr. Chair, just to close up, my last little thought with both Dawn and Mr. Feder -- perhaps, there is -- back to the incident case here which is, perhaps, there is a way we can find a middle ground here. I wonder if you would be kind enough to craft or consider crafting a development commitment that we could give to the applicant to consider that they would not bring on line this additional commercial capacity, which is creating extra traffic, until our growth facilities are in place. It would be, in effect. a denial of COs until that would occur. MS. WOLFF: That is something within the purview of this commission to make such a recommendation that no COs would be issued until such time as there is availability of the capacity of the multi-Ianing of these roads. It would be somewhat similar to what was imposed upon a PUD in November. I believe it was in regard to a phasing of it. Perhaps a phasing might be considered upon that ,- i '- Page 46 - ,,,. ----_.~ -- ., ^ ~ February 26, 2008 Page 48 of 133 January 17,2002 I I As we said, our program identifies a design construction phase in the next fiscal year to start. Such construction would start within a i , three-year window to meet our obligations. The condition, as I said, might be such that they would only be permitted to construct but not receive certificates of occupancy until the capacity is available. Which in this case, such as Immokalee Road is not yet fully completed, but the capacity is available, you won't say, "Until such time the contractor turns it over to us, " but there is some -- there is a difference between. Being done and done done with some roadway projects. You have a couple of months sometimes of cleanup, but you have the capacity available such as -- Pine Ridge Road has been open for awhile with multi-lanes on it but which are not completely finished with it That would be an opportunity that allows the capacity necessary improvements. One thing that I would like to point out, though, is that we do have a couple of other phases and stages that we will be having them address when they come in. When they come in with a site development plan, when that site development plan requires them to do a specific site traffic assessment with the particular land uses they are going to be putting in, we are going to be looking at things like how much -- how many access points do they really need, what kind of access points do they need, what kind of geometry do they need. what kind of impact in this particular instance, what kind of impacts are they going to have at that intersection of 951 as it exists today, and can they fully function with it prior to those improvements coming on line? We may make limitations they can move forward, but not CO at that time as well. So there are a few triggers in there yet. And if the direction is followed in regards to concurrency and some reason the project was not yet built within the time it needs to be and the capacity is not available when they come forward, I , Page 47 I I I --.- -"- -' --.-'T -....--,., --------.--. - - - --.. -- -.- ..--- Agenda Item No. 12A February 26.2008 Page 49 of 133 January 17. 2002 someone else can come along after them and be on faster track and consume all the capacity under a checkbook method they can come in and need six lanes before -- under an extreme situation. COMMISSIONER RICHARDSON: Dawn, back on this case. MS. WOLFF: On this case -- COMMISSIONER RICHARDSON: I'm asking on this case, as our expert in this area, craft that language for us to consider including. At least from this commission's point of view I would like to see that. COMMISSIONER MIDNEY: I have a question for you about the traffic circulation elements significant test of 5 percent impact You say that projects have less than 5 percent increase, then it's acceptable. How do you take into account the accumulative effects of many different projects having less than 5 percent? Because what we see when we drive down that road now is that's a very busy intersection, and there is a lot of traffic delays there and also danger ~ because of the congestion there. MS. WOLFF: The cumulative impacts of the -- COMMISSIONER MIDNEY: Right. You have 5 percent I Each one can contribute up to 5 percent extra. What about the cumulative? That does not address all the cumulative effects of all the ones that have already impacted the road and all the ones that may that may be less than 5 percent MS. WOLFF: We are addressing that through our traffic impact statements in regards to we don't just let them say, "We have X percent background growth in there. " Weare also requiring them to look at other projects which have come into the pipeline as well, and they have to consider the guy up the street who has already just gotten his approval for his 5, 000 units. he had to add those into his background trips as well in detennining whether or not -- whether they are -- 5 percent is not the issue here. Because, yes, in point of 1 , r" ) . '- Page 48 January 17.2002 fact they are 5 percent, the problem is they are not adverse. They I don't create a deficiency based on the committed road improvements that we have in our program. COMMISSIONER MIDNEY: But where is the math for that? When I read the reports, it just says it passes the test because it's less that 5 percent. Where do we have a documentation about the prior impacts to the road so that we can address where we are at? MS. WOLFF: As stated previously, I did not make those statements in that write-up. I did not have a participation in what was written in your staff report. What I can tell you is that part of the submittal as they provide -- and they provide a lot of documentation and backup that is not necessarily included as part of the package that you see before you because of the level of technical detail that is supposed to be more technical staff to do, but this is the traffic impact statement that was provided to the county for review and evaluation along with supplemental analyses as requested of the applicant in order to make it a complete submittal for review. In it is included increases in the background traffic for the duration of the build-out as well as other projects which would be consistent with that time frame. All I can tell you is that we are doing a better job at getting the projects that are corning on line and their representative to be more inclusive. We are not letting them come in one after another and everyone using the same baseline number. We are watching that. It is not something that is necessarily included such -- as I said, this thick document -- in each one of your packages for each. Individual review. What is contained in your staff summary report was generated by another staff person. And so I cannot speak to how those numbers or statements were made. MR. FEDER: Let me add, for the record -- again, Nonnan Feder, transportation administrator. In addition to requiring in the Page 49 il~ ----.- ~."_'_-_'_-'-""-'" . "'-'- ! Agenda Item o. i L . February 26,2008 Page 51 of 133 . r January 17.2002 i traffic impact study that they look at background traffic, taking into account other developments that has already been approved, part of what we are looking for in change is we are looking in moving changes and going to checkbook method .- I know that you have heard that terminology -- but basically what that means is that every time one is approved it becomes a debit to that basic service volume remaining capacity out there. Once we go to that process, we will be in a lot better shape to specifically identify to you link by link what that remaining capacity is, what this new development is asking for under that capacity, and therefore what the balance in the checkbook will be after that The other issue that you asked us to craft relative to that, we can work some language. Again, also on that issue you have a five year -- we are working on three years, we said here, in the county consistent with the state's, but there is also the issue of whether or not .- that is when you are programmed for approval, which is typically what has been looked at in the past or when you anticipate your construction will be basically open and that capacity available, which is a different statements -- which is another year and a half out further. There is a number of things that we are going to look at there. But in answer to your questioning, I think Dawn pointed out we are not allowing them to do the traffic impact statements now as we look at them without looking at that cumulative impact based on the background traffic that they start off with an analysis. And the 5 percent rule, we are looking at some modifications there as to test the significance, you can have, basically, a smaller project that always comes in under 5 percent every single time and still have significant impacts. CHAIRMAN ABERNATHY: I think Mr. Strain is straining to ask a question here. Page 50 --.. ---,-'----_.._---- ,. rr --- ---- - , - -- I February 26, 2008 Page 52 of 133 ?-- January 17, 2002 COMMISSIONER STRAIN: Yes, I have quite a few questions. I will try and keep them short. Page 1 of the traffic impact statement, which I know the rest of the commission did not receive too, shows that there is going to be a shopping center use. It's called LUA~20. It's calling for 231,000 square foot, and it says it's going to be built in the year 2003, which is a year from now, not three years from now. So the impact is going to be a year from now. Dawn, I think -- I know you have read the synopsis that I did on the zoning ; issues. Can you tell me if shopping center LUA-20, the calculation included used by that designation included used car dealers, boat dealers, gas dealers, drive-in theaters, movie theaters, shooting ranges. bowling alleys, motion picture theaters; items like that? Because that's what -- if we approve the commercial uses that are asked here today, that's some of the uses that could go there. MS. WOLFF: Those uses that you listed off, there is only one in there that I can say is consistent with the Institute of Traffic Engineers, the trip generation manual handbook's definition for Land Use A-20 Shopping Centers, and that would be movie theaters, but that would be indoor movie theaters, not drive-in movie theaters. The other land uses should be calculated under a separate trip generation rate and are not consistent with the definitions contained in that normally accepted manual in regard to trip generation. COMMISSIONER STRAIN: What about hotels and motels? MS. WOLFF: No, it's not. COMMISSIONER STRAIN: Based on that then, is the TIS -~ I thought you previously said the TIS was acceptable. Is the TIS now acceptable, because if they get approved today with those commercial uses and they have a TIS that references an LUA-20, what is it that we are approving? MS. WOLFF: The land uses that are inclusive of that series were not explicitly identified in regard to the traffic impact statement. I Page 51 I I I I , I - I I -_..,------, -~..~. I t m No. 12A I) J I February 26.2008 Page 53 of 133 January 17,2002 It was identified as a shopping center. To a great degree we try to rely upon the professionalism of those who are submitting these applications in providing us what is contained in the application for approval and consistent with that application for approval. The additional land uses, some of which you have read off, such as used-car dealership, boat dealership and the like, have independent land uses and trip generation rate that in some cases are higher than that of a shopping center. A shopping center is generally a consortium of multiple-land uses, which can include a supermarket, storefronts with post office facilities, dry cleaners, tax preparers, and the like. If you take and look at the trip generation as individual land uses, they are going to vary widely. A shopping center rate tries to average them, and it's how you apply that shopping center rate is really dependent upon what your ultimate design and layout is, which is -- since we don't have that level of specifics at this point -- this is - just a range of uses. The intent is to identify as shopping center uses, yes, several of those uses which you have stated would be inconsistent with it being explicitly a shopping center would have different rates. Some of them twice as much as what would be a , shopping center, but if you have an equal balance, they tend to average out for what would be a shopping center rate. If, for instance, you have a supermarket, which is your primary square footage, it has about a three times rate of an average of an overall shopping center, and therefore it skews your actual trips coming out of there. That is one reason why the specific details of how you access circulation, requirements off site need to be left until the site development plan stage. We try and deal with the best information that we have. I would agree that certain of those land uses should not be considered as part of -- as being consistent with the application that was prepared and submitted to the department. ""-... ..../ Page 52 I I ~ l ------ A 8nda Item ND:1-~~--- e ruary Page 54 of 133 January 17,2002 COMMISSIONER STRAIN: That's kind oithe bottom line I was wanting to hear. Thank you. CHAIRMAN ABERNATHY: Mr. Wolfley. COMMISSIONER WOLFLEY: Dawn, when doing the traffic study that we did that -- was it taken into account not only the increase in commercial but the decrease of 250 units in residential? MS. WOLFF: Yes. COMMISSIONER WOLFLEY: Thank you. CHAIRMAN ABERNATHY: Mr. Budd. I COMMISSIONER BUDD: I have got a question relative to this square foot of commercial space. rm looking at the PUD document dated 9/11. It has the sttikethroughs and underlines. It's clear under project density that the maximum gross leaseable floor area is no longer 150, 000 square feet -- that has been struck through. And maybe you can clarify for me, I couldn't find anywhere where it says what the new commercial square foot area is in the documents that we have received, which would somehow seem to be relative to the traffic input. MR. BELLOWS: Yes. We will have the petitioner place that back in. Really, because the traffic impact references certain square footage, the PUD document should be consistent with that. We will request that that number be placed -- COMMISSIONER BUDD: The PUD document, if I read it correctly, is silent on that issue and does not cap the commercial space. MR. BELLOWS: Yes. The documents just -- base the density based on the acreage of the commercial area and the required setbacks and parking requirements dealing with the size of the structure. The older PUDs was a sttict square footage limitation. But given the nature of the traffic concerns these days, we will request the maximum square footage be placed back in the PUD document. i. I Page 53 I -.---- -- ---------- --- . --------" 'J , February 26, 2008 Page 55 of 133 January 17. 2002 ---- .-/ COMMISSIONER STRAIN: What will that be? MR. BELLOWS: Prior to the Board of County Commissioners. COMMISSIONER STRAIN: No. What will that be? What square footage are you going to request? There is 231, 000 in their TIS. Is that what you are looking for? MR. BELLOWS: Yes. Whatever their proposal will be based on the traffic study. COMMISSIONER STRAIN: The traffic study that Dawn has said is inaccurate for all the uses that they have applied to use? MR. BELLOWS: Well, based on the square footage. CHAIRMAN ABERNATHY: Mr. Richardson. COMMISSIONER RICHARDSON: Mr. Chair, I have some other staff questions, if we are through with traffic, which is a fascinating subject and one that we hopefully go through many times. CHAIRMAN ABERNATHY: Go ahead. ~ COMMISSIONER RICHARDSON: I'm interested, Ray, in - your assessment of the substitutions to the county subdivision regulations. I'm -- of course, I was not around when this originally went through, so I'm happy to have an opportunity to look at it as a brand-new PUD. On page 6-6 of the PUD it says things like you waive the requirements for a 1, 000 foot maximum deadend street. Now, I thought There was a reason we had that as -- for instance, was a fire and safety reasons, not to have long cuI de sacs. MR. BELLOWS: This is currently approved in -- the PUD was approved prior. That is not what they are requesting now. This is an approved condition. It was already approved. COMMISSIONER RICHARDSON: Why? MR. BELLOWS: Why was it approved at that time? We'll have to pull their staff report at that time to find out what was discussed. This is an approved condition. This is not what they are requesting now. And the subdivision is mostly built that.- the - ~ Page 54 i - genaa tern o. L February 26,2008 Page 56 of 133 January 17, 2002 I : : Pebblebrooke single-family subdivision is nearly built out. I COMMISSIONER RICHARDSON: You are saying -- MR. BELLOWS: This is an approved condition; that why this is an amendment to the PUD. COMMISSIONER RICHARDSON: Wait a minute. We have been through this. It is not an amendment to the PUD. This is a new PUD, and we have a chance to look at -- and all the agencies should have within the organization had a chance to look at it. If you are saying this is an as-built condition, then we are, in effect, providing cover for them to let these conditions stay in; is that correct? MR. BELLOWS: Given the fact that the subdivision is built, yes. The subdivision was built consistent with this condition that was approved prior. COMMISSIONER RICHARDSON: So we are to take on faith there must have been some good reason that that happened in the past, even though it's against the county subdivision regulations? MR. BELLOWS: It went before the Planning Commission and the Board of County Commissioners. It was approved. Preliminary subdivision plans were approved and built and constructed to these standards. COMMISSIONER RICHARDSON: Okay. CHAIRMAN ABERNATHY: Anyone else? I do think, Mr. Richardson, there may be two issues there. One of them is whether PUD to PUD reopens each and every item of a prior PUD. Mr. Nino used to try and convince us that that wasn't so, but I don't think the law supports that. I think we can go back. But in this case it's moot because it's already built. So two issues. MS. MURRAY: Mr. Chairman, I would remind you you have six registered speakers, as well you have not heard from the applicants. CHAIRMAN ABERNATHY: Are we ready for the petitioner? I Page 55 . --.--..- -- --.- "--- -- '-i-- February 26, 2008 Page 57 of 133 January 17. 2002 '..... MS. BISHOP: Good morning. My name is Karen Bishop. I'm -i I an agent for the owner. I'm not going to give a presentation, but I will try and address some of the things that I was hearing, specifically the traffic issues. When you look at these traffic statements, they do them as if I everything is completed and in place at one time. There is an absorption rate that goes through this. For instance, this project was zoned, this PUD was created in 1990. The first person didn't move into this place until around '97. So you are looking at a seven year -- even though at that time the traffic impact statements says, here is how many trips you are going to have, it's seven years before the first person has moved in. Right now we have approximately 200 residents living there now. So out of the 350 units that will be left in there residential, only 200 of them are currently living there. The commercial, which was -- - as I said, the first PUD was 1990 was not finished until this year. It -- took 11 years for that commercial to be utilized. So you are looking at phasing of sorts just because of the market. That comer will be an activity center at sometime, fully operational, hopefully, a lot better shape than Pine Ridge and Airport, but that is what it's destined for there. But I dare say that it doesn't pop up instantly. You are going to see a phasing just by virture of rents and markets -- and even right now the Publix shopping center is not at full capacity. They have plenty of spaces that are available for rent The master plan, the commercial master plan itself all through our existing documents -- when you put these things together, you try to anticipate what your needs are going to be. You try and anticipate the acreages you are going to use. All through these documents are verhage that says approximates, that the final lines will be determined at final pennitting and platting. If I were to change uses -- Dawn Wolff now is looking to have - ~ Page 56 II : II ------ ._'---'~ _..'--~ J Agenda Item No. 12A February 26, 2008 Page 58 of 133 January 17, 2002 each applicant at SDP level do another update of TIS, so that gives you -- if I said there was going to be 200 single-family in a certain area but then I change my mind and I make it 200 multifamily, then that traffic statement changes. I would have to update that each time that I make those kind of changes at the time of permitting, at the SOP or platting level. The current commercial acreage includes 2.75 acres of right-of- way that we have dedicated to the county. Essentially, even though it says 25 acres, 2.75 of that is right-of-way that belongs to Immokalee Road and 951. The kind of situations, the interconnect, which is I think a very important -- from a traffic standpoint as well as what we are looking at throughout all of these projects where people have to go outside the road, there are projects around the Carillon Plaza, because Carillon would not allow them to interconnect -- have to literally go out on Airport Road or Pine Ridge Road just to go get milk and bread. So these kind of things are good and things that we need to do. Finding a good transition between commercial and residential are , I something that we pretty much see everywhere. We don't see people I doing crap anymore. You see -- with our new community character plan, you see commercial facilities that have four-sided architecture, that have garbage areas that are covered. You see a lot more vegetation. You see shielded lighting. I mean, these are things that people are doing on their own based on the new criteria. In our case the buffer between residential and the commercial we have some cross-sections that we have prepared, which are shown right there (indicating). I can give you each a copy of those of the kinds of things we are looking to do here. When we started our permitting, we had intentions of that commercial road running through the middle of the preserve. I Page 57 ._~~--- - .--~~_...---<-"-, ---~. ~_____u______ ----- ---~ . ~~--- -- --~------,-,.---...- --- -..- Agenda Item-No. 12A I February 26. 2008 Page 59 of 133 January 17, 2002 \ I Unfortunately, South Florida Water Management disagreed with that and the Corps of Engineers disagreed with that, we had to waylay that connection, which would have been from our perspective a better interconnect. This is all we have left is this one piece to interconnect. And because this is a one unit -- one planned unit development, the internal accesses are important to be complete. Now, of course, at the same time being here on the comer of an activity center does not behoove us not to have gates because we would get all kinds of cut -through traffic there. As a matter of fact, I live in the subdivision and so does the owner. We both live there. I can't imagine not having my gates there, because every high school kid at Gulf Coast, you know, at 2:25 that doesn't like that line in front of 951's intersection is buzzing through our subdivision at, like, 80 miles per hour. Those gates go automatically down at that time and come up a little later. At night they go down. So we would like to keep that privacy. The gate we are proposing is intended to be inside the buffer. It is not intended for the residents at either side of that gate to have to look at this gate go up and down and the car stop in front of their yards. Weare also looking at traffic calming devices in there that, perhaps, in front of this gate 100 feet or so we would put a speed bump so that you are almost at a dead stop by the time you get to this area as it is. I did bring my traffic engineer to try and go through all of these issues with traffic with you because, unfortunately, this staff report that are -- Chahram.'s original staff report we did not receive until the day after the Planning Commission was postponed last time. So we did not really have the opportunity to address what the heck was going on. We have since then looked at it and have addressed it. And, unfortunately, I'm not sure how Dawn was left out of the loop-- I can't speak to that -- but we are here to discuss those things. Page 58 I ---~-- ----..- --_..~ --~- m No. 12A February 26, 2008 Page 60 of 133 -- January 17, 2002 ~ Some of those uses that you have discussed, Commissioner Strain, certainly we're amenable to remove some of them from that area. When we did this six or seven years ago, those were the kinds of uses -- I mean, this was out in the twilight zone at that time. Nobody - who would have thought that everyone would have been moving out here? Those are the kinds of uses at the time that seemed appropriate, especially hotel/motel. You are on main drags -- two main drags, and you're not that far -- three miles from the interstate. It seemed appropriate at the time. We are willing to remove some of those uses to be more in tune with what you might consider what we see when we look at some of these commercial intersections. Car dealers certainly does not seem appropriate. The drive-in theaters, perhaps, not also. But I dare say, though, a gas station - would be appropriate, because I have seen them at every activity center pretty much in town, and -- at least at one of the comers. COMMISSIONER STRAIN: Yours says for gas dealers; bulk liquified petroleum. MS. BISHOP: We don't want that. COMMISSIONER STRAIN: That's right. MS. BISHOP: I just want a gas station up there so I can go get gas on the way to work. COMMISSIONER STRAIN: You have that one, too, but you also have the bulk gas. MS. BISHOP: We will be glad to remove the bulk gas from that. It was not intended for that use. Really, when you put these things together, you throw the smorgasbord together trying to make a decision on something that mayor may not happen -- in this case -- 11 years later. So what we need to do then at -- certainly at your request and some of the residents' request is remove some of those uses, which we are willing to do. II Page 59 .-- ~------- ---,,--.... ---- -- - ----- - - 'TT--- ,'-\qerl~~d !tt;,~iri !"l'_ ,=>. 26.2U:JE! C"I of i 3J January 17,2002 - - COMMISSIONER STRAIN: How would you propose doing that at today's meeting? MS. BISHOP: What is your list? COMMISSIONER STRAIN: Here it is right here. There are about 170 uses. You are welcome to have a copy. I have a copy for the Planning Commission members as well and for public record. COMMISSIONER RICHARDSON: Just pick out two that you would like. COMMISSIONER STRAIN: Any residents who would like a copy, there are some extras up here. MS. BISHOP: The used car dealers, no problem. COMMISSIONER STRAIN: Yes, she needs a copy. MS. BISHOP: The fIrst three which is used car dealers, boat dealers, and gas dealers, no problem. CHAIRMAN ABERNATHY: One for the court reporter. ~ MS. BISHOP: So far going down your list -- well, ~- unfortunately that is not going to happen. Used car dealer is dead. Boat dealer, dead. Gas dealer, dead. Drive-in theater is dead. CHAIRMAN ABERNATHY: Excuse me, Karen. MS. BISHOP: Yes, sir. CHAIRMAN ABERNATHY: The court reporter needs a break. Why don't we take 10 -- MS. BISHOP: Oh, good. CHAIRMAN ABERNATHY: -- and you can work down that list. MS. BISHOP: Great. I appreciate that. CHAIRMAN ABERNATHY: Recess for 10 minutes. (A short break: was held.) COMMISSIONER ABERNATHY: Meeting will come to order, Ms. Bishop. MS. BISHOP: I want to go on the record to say that I spoke r . ) '-... Page 60 ij- -"- -~------- -~ I /\CJ~nd. It..", ~19 12/\ February 26,2008 Page 62 of 133 January 17, 2002 with Commissioner Strain during the break just to look at the list along with the transportation director. Actually, it's a lot easier than I thought it was going to be. The uses at C-l, C- 2, and C- 3 except for retail nursery seem to be all fIne. I do want to clarify that under the veterinary we would have no outside kennels which was already mentioned in the PUD. And the hardware store would not be a stand- alone like a Home Depot; that would not be allowed either. When we get up to the C-4 and C-5 uses, some are appropriate; some are not. I will read that list of not appropriate uses. COMMISSIONER ABERNATHY: Starting at the top? MS. BISHOP: Certainly. Starting at the top, we have used car dealer, boat dealer, gas dealer. COMMISSIONER ABERNATHY: Those are inappropriate? MS. BISHOP: Inappropriate. Drive-in theater. Then we get down to hotels and motels, equipment rental, refrigeration service, furniture repair, miscellaneous repair services, bowling center, and the shooting range and water slides; which I'm personally going to miss. Those are the ones that do not appear to be according to the transportation director -- don't fIt in a shopping center stuff. COMMISSIONER WOLFLEY: Dawn-- MS. BISHOP: It's Karen. COMMISSIONER WOLFLEY: Karen, I'm still on my. Last question. You said C-l, C-2, and C-3 are not appropriate? MS. BISHOP: No. Those are appropriate uses, and those fall under the shopping center guise of what Dawn was talking about with the current TIS. Even though if somebody had come in with one of these other uses not covered under the current TIS, they would have to -- like I said, at the time of permit -- Dawn reassesses your traffic agam. So if anything was funky, at that point they would have a problem. But we will remove the ones I mentioned off. The rest of I i Page 61 '~'''''-'----'-.' __"nO ----- -----_.'-,---_..-- ill Agenda Item No. 12A February 26, 2003 Page 63 of 133 : !! January 17, 2002 , these uses are appropriate for shopping centers. COMMISSIONER WOLFLEY: Thank you. MS. BISHOP: My kids are going to miss the water slides. Can -- I have my traffIc guy here to discuss traffic. rm sure you-guys want to hear from him, and specifIcally he's here to answer questions for you. Is there anything else, though, Commissioner Strain, that you want to address? COMMISSIONER STRAIN: I will wait until I hear the public and see if they have any other concerns about the other uses. One of the things that I wanted to know -- I guess your traffic engineer will discuss it. I heard the property is being considered for sale. If that's the case, the new -- one of the new companies that may be purchasing, as I know, is a quick mover. This might get built out rapidly. Do you know anything about that? MS. BISHOP: I know there is a contract on it. As of this point, I know that it is with DeAngelis Diamond. COMMISSIONER STRAIN: Yes. MS. BISHOP: Do I know what their schedule is? No, sir. It could be soon. It may not be soon. It's all based on the market Nobody wants to build commercial that does not get rented. I can't speak for them, and I don't believe they are here. Maybe the owner later on can discuss, if he has any knowledge, as to what their schedule would be. But I do know they build quality product. At least I have that comfort level. COMMISSIONER STRAIN: No problem. Thank you. COMMISSIONER RICHARDSON: Miss Bishop, one last thing. I'm interested in the traffIc numbers, as we have all expressed, but my eyes will tend to glaze over with a lot of numbers. What I would really like to hear is, as represented in the applicant, that you would agree to the conditions that we talked about earlier -- because ~ ~ Page 62 :j- February 26, 2008 Page 64 of 133 - January 17, 2002 of this absorption rate that you so eloquently defined -- it's probably going to be slow building out anyway. that you would agree to not I bring these projects on line until the capacity in the road was actually available. MS. BISHOP: No, sir, I would really like not to have to do that. As much as I appreciate what you are trying to do, which is certainly to be commended, all we have to go by when we do these projects is what the rules are today. When you change the rules, we will adhere to those rules. In this case, you know, we had this being an activity center, the -- what could have been permitted here and built here would have been a 4O-acre commercial center, which is the typical size of the activity center, commercial areas on all four-comers which will be at some point a seven-unit-to-the-acre density band goes around that, which means my project could have had 800 units in it and 40 acres of commercial. So that's not what this owner did. This owner decided to do something that was quality. So his density at 650, I believe was -- is right Around 5 units to the acre. He has since then brought that down to 350 with this commercial-- and then we have this commercial comer. We have done so much already to give up for that -- lessening the impact on the roads and creating a better neighborhood. It was -- for all intents and purposes, this area was intended to be maxed out; that's what these activity centers are intended for. But as we are seeing that's just not what the market bears. We are doing less and less. We are making those choices by not utilizing the maximum zoning abilities of these areas. In this case I would suggest that I would not really want to do that COMMISSIONER RICHARDSON: However, you would agree it's within the purview of the Planning Commission to -- I Page 63 ..'.__.~_d~__"____,..,. ~~_._....- . -'" -------~ ----- ~-- -~~-- --- -,~.---.'Tj_.. Februarv 26.2008 Page 65 of 133 January 17.2002 MS. BISHOP: Certainly. If that's what you want to ~! recommend, but, yes, I would say -- I would not want to do that. COMMISSIONER WOLFLEY: Karen, I just have one quick one. You say the total commercial was it 237, 000 -- MS. BISHOP: 231,000. COMMISSIONER WOLFLEY: 231. 000. Is that including what is currently there? MS. BISHOP: Yes. COMMISSIONER WOLFLEY: What is currently there? How much? MS. BISHOP: One hundred twenty thousand is what is permitted currently. We were allowed one hundred fifty maximum. And like Ray said, they used to put those numbers on there -- but typically it's 10,000 square foot an acre is typically what you do for commercial. At that time we were still going through environmental ~ permitting, and we did not know what we were going to be left with ~ in the end, so we put a number up there. COMMISSIONER WOLFLEY: You are saying that Publix center now is 120,000? MS. BISHOP: Correct. COMMISSIONER WOLFLEY: So you are looking for 110,000 more? MS. BISHOP: Correct. COMMISSIONER RICHARDSON: You mean that little strip of land is going to give you another 120,0001 MS. BISHOP: No, sir. We had a lot more commercial land set aside for the least amount of density on it. COMMISSIONER RICHARDSON: You are increasing the density someplace else? MS. BISHOP: We are increasing the commercial density on the tract what was already designated for commercial is what we are ~ ~ Page 64 -.. -, - --~ 1 Agenda Item ~o 1 ;;--rr February 26,2008 Page 66 of 133 January 17,2002 ( doing. It was already designated. The tract was already platted. What we are doing is increasing the density on that tract only and reducing the density internal to the residential. COMMISSIONER RICHARDSON: Thank you for clarifying. It's very misleading in terms of the depiction of showing a little strip being added. I thought that's where the new commercial was going to be added. MS. BISHOP: No, sir. It's going to be spread out over the rest. MR. JARVEY: Good morning, Commissioners. My name is Reed Jarvey. I'm a transportation engineer with the firm of Vanasse Daylor. I prepared the traffic impact statement for this amendment, rezoning. whatever the procedural -- exact procedure is. I will tell you also in a later life -- an earlier life I did prepare the original Pebblebrooke back in 1990 -- COMMISSIONER ABERNATHY: Surely, you will have a better later life. MR. JAR VEY: Let me address a couple of points here and just from a clarification standpoint -- from a technical standpoint. I will try not to get into too much detail. I do know when I start these traffic numbers and eyes start glazing over and people pass out -- I will notice when you fallout of your chairs. I will stop at that point. We will look at the traffic impacts to this as Dawn Wolff presented earlier. Just for your clarification, I know you are not privy to the traffic impact statement. It was reviewed by Dawn and her staff. They had some comments in the fall sometime, and we resubmitted it in November. And it was approved in November. At that time we did a level service analysis for the proposed project, and what we felt a prudent approach would be to look at a fairly quick build-out, as was mentioned earlier to see what the impacts would be now. So we felt that with our experience in land development that roughly a year would be a potential -- or as quick as I Page 65 . i ~,.. ,,----....-. - -- Agenda Item No. 12A TIT February 26.2008 Page 67 of 133 January 17,2002 '" -r' it could be, so it really would be not this year -- it might be done this year, but it would not affect the peak season 2003. It would affect -- 2002, excuse me -- it would affect peak season 2003; roughly a year from now, you know, 13 months or so from now. That's what we addressed in our traffic impact statement. At the time we did it, Immokalee Road was being four-Ianed under construction and 951 was in its current two-lane condition. So we looked at impacts with a two-lane condition. Our impacts showed that both Immokalee Road and 951, Collier Boulevard, would operate within level service standards in the two-lane condition for Collier Boulevard and four-lane for Immokalee Road. From my standpoint I don't feel a phasing was necessary as was suggested; that's for 2003. Now, to talk about some of the differences of the staff report, which was the 3,750 units additional, I tried to replicate that number and, unfortunately, Chahram who did it was not with us. I talked to - Ray Bellows, and I talked briefly with Dawn, and I could not ,- replicate the number. If I just added from one hundred fifty to two hundred thirty-one thousand square feet, period, I came up with,like, 2,800. So I don't know where the 3,750 came from. But I did look at it again and tried to look at the differences from the original PUD in 2000 -- excuse me -- 1990 -- the 1997 PUD amendment and then what we are presenting. Just for your information, the original PUD, 1990, talked about 150,000 square feet, as we have been talking about. Single family was limited at no more than or up to 130; multifamily was limited to up to 520. So you add those together; 650 units. So when I did that I took the trip generation that we used, the ITE methods that Dawn talked about, the Institute of Transportation Engineers, and did their procedures and came up with a trip generation. And to keep it simple, I did daily trips -- I did daily and a.m. And p.m. Trips, which is what we use more -- we used the peak hour trips more than a traffic ~. ) "- Page 66 ! :1 ~ A~C'IJO Iblll r~u. 12.;'" February 26.2008 Page 68 of 133 : , January 17, 2002 ! profession, but I understand you-all know daily trips. Better, so I did that. I came up with an amount of trips of 10,156. So 10,000. Okay. Then I looked at the 1997 PUD. The 1997 PUD doesn't-- doesn't differentiate between multi-family and single family. It just says 650 units. From a traffic standpoint, we would do a worst -case scenario. Single-family units do more trip generation than multi- family units. I did 650 single-family homes and shopping center of 150, 000 square feet, and I came up with 11,994 - roughly 12, 000. Then I looked at what we were proposing. We proposed 231,000 square feet of shopping center. We have -- there is roughly 340 units there now. We rounded those up to 300 single family and 100 multifamily to keep the number -- to be a little conservative if something would change in there -- and we came -- we used because we are now interconnecting the shopping center to the -- to the residential -- and so the people that live there don't have to go out on 951 or Immokalee Road to get that loaf of bread or bottle of milk or whatever they might need, they can go internal. This is external trips now. So this is external impacts. There is __ ITE has a procedure for internal capture -- what we call internal capture; that the people -- the commercial trips that are generated by the Publix and McDonalds or whatever else is there as attractors. And the housing development that generates the trips, they have an interaction. So if rm going to get that milk and I drive out of my driveway and drive through the interconnection and get that bottle of milk, that's one trip. When I get out of that car -- get out at Publix and get back in my car and come back into my house, that is another trip. You have it both ways. But rm not on the external road network, not on 951, not on Immokalee, not on Vanderbilt -- all of those. Once again, ITE has a I Page 67 .._"~"~,-,-~.,,. .."-,-,--~. !! ! , , Agenoa tern \l0. LA February 26, 2008 Page 69 of 133 I January 17, 2002 ! procedure to look at those. When I added that internal capture -- and the other correction factor is past by traffic which commercial has, and I used that same corrections for the other two generations, I come up with 9,799 trips. Roughly 10,000. So potentially when we add this together, we potentially have up to 2, 000 trip reduction. So, I mean, we won't know that until we get an actual Do -- when they build it, you see what actually happens. But using Institute of Transportation Engineer's procedure and the discussions that we have had and methodologies that Dawn Wolff and her staff and I have had, potentially we come up with an actual reduction from the existing PUD. So I wanted to make that clear, and for my purposes -- and I think for your purposes, from a traffic standpoint is probably you can say it's a wash at this point. Could it be a little higher? Yes. Could it would be a little higher? Yes. Could it be a little lower? Yes, it - could be lower. The numbers show that it could be substantially - lower. I just wanted to make that clear. That's really pretty much the end of what I want to tell you, but I will certainly answer -- at least address any questions that you have. COMMISSIONER RICHARDSON: Just a question. I realize your methodology probably speaks to some generalized cases. But looking at the specific project with this big preserve in the center, it doesn't seem to me that people over on the western side are going to go all the way around to come in through this internal access. They are more likely to go out on Immokalee and come back in. The people that are up on the northwest quadrant of the development, residential development, I don't see that should help you in your numbers. Seems to me that would be -- if you factor in the real case versus the generalized traffic data that you use -- I don't know. MR. JARVEY: Commissioner, to some extent that is a true statement. I mean, what I would say to your direct question -- and I .-' "- Page 68 ---.--.,-. --.-. I r - Agenda Item No. 12A February 26, 2008 Page 70 of 133 January 17, 2002 'I have another comment on it -- is that those people -- more than likely I would agree. If they are up there, you know. 100 feet or 200 feet from the Immokalee Road access. they are probably going to Immokalee Road, go down to turn into Publix. However, when they return an easier trip would be to use the interconnect rather than trying to do left -- right turn and then a U-turn at the signal or come down Immokalee -- 951 and do a left turn out. So I think you would -- you know, potentially what you are saying is half of that trip would be true. Another answer to your question, when we do this internal capture, we do what we call is a balancing. There is no projected -- and unfortunately, I have the peak hour numbers -- so the numbers I'm going to tell you are not exactly correct for the daily, but they are along the same lines. What ITE has done in their studies says in a peak-hour standpoint, for instance, 53 percent of the peak-hour exiting trips from a residential development could -- are captured by the adjacent commercial development. Likewise, 9 percent of the commercial trips, entering trips, which would be the same trip, are capwred. And in this case the -- what we do is a balancing. So it's a lesser of the two. You can't make trips. You know. if you have 50 trips going one way and you are only accepting 10 trips, that doesn't work. We balance them. We take the lesser of the two. In this case the commercial roles with the 9 percent. So some of those trips that the ITE say could capture aren't being captured anyway. because the commercial does not support all the trips that the residential area has. So I think what you are saying is a potential -- within the rules I have -- within the guidelines I have is -- is -- I think it can be covered by other issues. But, yes, sir, that is a possibility. COMMISSIONER RICHARDSON: So, as I understand your testimony, even though the commercial is virtually doubling in size, these other pushes and pulls with the internal circulation will negate I Page 69 -",'- -_...._._,.,..".,"---"'~- .. "~---- -_._,--"----,. ------ ~- ,~ co, , u. '.... , February 26. 2008 Page 71 of 133 , January 17,2002 the traffic impact of that? MR. JARVEY: I'm saying they potentially could. From my calculations they're showing -- actually, they are potentially less than what they are if you don't put the interconnect and you keep the residential and commercial as it is. COMMISSIONER RICHARDSON: I respect your numbers. It just seems counter intuitive with that much increase in commercial. MR. JARVEY: I understand, sir. The big thing is the interconnect; that's why -- I'm sure you have been here before when Dawn's been up here and said, "We have to do the interconnects with the commercial areas. " I'm a proponent of it, and Karen Bishop -- if you have been here long enough -- has said it many times; that's the key to the local trips off of the highway network and let the people just go -- you know, get their loaf of bread or, you know, steak: -- whatever -- <,--- COMMISSIONER ABERNATHY: Six-pack. MR. JAR VEY: -- from an internal standpoint. COMMISSIONER ABERNATHY: Mr. Strain. COMMISSIONER STRAIN: Reed, I don't know if you addressed this. I want to ask you, I was involved in a town meeting in OrangeTree not too long ago on issues that they were having out there with infrastructure. The biggest issue that came out of that meeting was the roads -- Immokalee Road and the backup of traffic getting into town, and it occurs at the intersection of 951 and lmmokalee Road. It's two lanes to the east once you pass 951. I know you mentioned lmmokalee Road is being four-laned; that will solve some probleMs. But you didn't address the two lanes of lmmokalee Road coming from OrangeTree. Because the OrangeTree people don't have a grocery store out there of the size that you guys are going to have, they are going to be using that Publix. They are going to be using that shopping center. Have you looked at the .'''''' Page 70 i ---- -- ""- -:i '! 1\ I' February 26" 2008 Page 72 of 133 - January 17.2002 intensity there on that two-lane road? ;1 ; . MR. JARVEY: Yes, sir. Let me look through it. Prom a strict level of service standpoint, it's -- and. once again, I'm looking at 2003, I'm -- I need to look a little longer. I think this is four lane and not -- I have to look through the rest of it MS. MURRAY: Mr. Chairman, you have registered speakers. Would you like to maybe go to them and have him come back and answer that question later? COMMISSIONER ABERNATHY: Are you close to the answer, or do you want a few minutes? MR. JARVEY: I have it. At the intersection -- at the intersection there would be four lanes -- excuse me -- two lanes, what you are talking about going west -- at the intersection -- not out east more -- I realize -- but the intersection itself. At that point -- when that's complete, the level of service is adequate. It's within the standards. I'm not saying it is now, because it's under construction, and it's not that situation yet. But in the -- I think there are supposed to be done later this -- or,like, early summer or late spring. At that point in time, there should be adequate infrastructure at that intersection for that trip. COMMISSIONER STRAIN: Okay. As long as you have looked at that. MR. JARVEY: Yes, we looked at the intersection. Specifically we have four lanes -- two lanes going through. I have looked at it. And I have looked at it out farther, but, quite frankly, it's east of the intersection. I have not looked out-- OrangeTree way out. COMMISSIONER STRAIN: That's just how far the traffic backs up. It's quite a ways. MR. JARVEY: Where I have looked at is four lanes. I was I Page 71 -,--".---...----'''. -T--. ---"-' -._,.- - --- .--;-rr - . 12M ! February 26. 2008 Page 73 of 133 January 17, 2002 - -- worried about in the vicinity of the intersection itself. COMMISSIONER STRAIN: Thank you. COMMISSIONER ABERNATHY: Any other questions? Thank you. MS. MURRAY: You have six registered speakers. Your fIrst speaker is Lull Johnson followed by Richard Creel. COMMISSIONER ABERNATHY: Please come up to the , podium. State your name for the record, and if it's an unusual name spell it. You have five minutes. If you will please limit yourself to that. If others of you are going to speak and your neighbors, please don't reiterate what has already been said. We need more and , different and new information. MR. WHITE: Mr. Chairman, if each of the speakers will just state for the record whether they were sworn or not. rm assuming they all were, but if not we will find out. ~ COMMISSIONER ABERNATHY: Did you take the oath when ~- we started this item? MR. JOHNSON: No, sir. COMMISSIONER ABERNATHY: Raise your right hand. (Witness sworn.) CHAIRMAN ABERNATHY: State your name. MR. JOHNSON: Lull Johnson. Okay. My concerns are -- I don't feel that the traffic numbers add up. I know there is a LOS -- there is a level of service standard. I do not feel that even if those standards are met that they are adequate standards set by the county. All you have to do is drive these roads and know that there is a major problem right there on that intersection. I also don't understand how 350 people going to the grocery store, which you don't do every day, can be captured -- can capture 3,700 trips or 20 -- over 2.000 trips. The information that was given from the DOT seems rather vague. I mean, there is not concrete numbers from the Department of ,,-- I '--- Page 72 --.. -- - ~ ---- --~---, ---'..'- nda Ite N, 2. February 26, 2008 Page 74 of 133 January 17,2002 ; , Transportation. But there is definitely a major problem. It's , : I dangerous on Immokalee Road and Collier Boulevard. People from the Estates, people from OrangeTree, they are all coming down to this present Publix Shops at Pebblebrooke Lakes that are there. There is at least ten stores that I have counted that are not open yet. I have heard there is going to be a McDonalds, a gas station, a bank, what have you, in the already present commercial property. As those things open, traffic is going to increase. It has to. Adding more commercial property, now, I'm questioning the timing. Now, I think is maybe not the most prudent thing. COMMISSIONER ABERNATHY: Where do you live in relation to all of this? MR. JOHNSON: I live in Pebblebrooke Lakes. That's pretty much what I had to say. COMMISSIONER RICHARDSON: I think you can tell by the questions and comments that this commission has that we share your concerns, and we are trying to figure out a way to, if you will, legally express those in some concrete way that will have an impact in phasing this project or dealing with the timing issues that you have raised. MR. JOHNSON: Thank you, sir. I did notice that. MS. MURRAY: The next speaker is Richard Creel followed by Colleen McCartney. COMMISSIONER ABERNATHY: Mr. Creel, did you take part in the oath administration? MR. CREEL: Yes, sir. Yes, sir. I was sworn previously. My wife is also here. I was wondering if I would be allowed to have ten minutes to speak on both of our behaves. That's fIne. Let me proceed. COMMISSIONER ABERNATHY: Let's see what you can do in fIve. I Page 73 ,.1- --..-r--..... ,,----'-- -.-..---- -- -, - -- ------ ------- '-- ^ ~ TT-- I A"-lr, February 26.2008 Page 75 of 133 i , January 17,2002 '-, - MR. CREEL: I do have something that I would like to put on the overhead so we can all see what we had to -- what we were anticipating as development. CHAIRMAN ABERNATHY: I assume your wife shares your views to a degree? MR. CREEL: Yes, sir, I think she probably does; although not all the time. What I would like to point out, No. I, is that we were -- it was represented to most of the residents that there was going to be an interconnect in terms of a pathway so that we could bike or walk to the commercial area. And I would like to point out that if that was completed, then we would have a way to access that without going out on 951 or Immokalee Road. At this time there is walking or biking access via a sidewalk to Publix and that shopping center. And there is a lot of traffic going through that area. And we can all walk -- or bike over there within a ten-minute period of time. -- I think one of the major concerns that we have is the interconnect, because we moved into the community specifIcally for the purpose of living within an enclosed community. For instance, my 8 112-year-old son, I feel comfortable allowing him to ride his bicycle within the community because we have limited access. There is no through traffic. I have a beeper I put on him. I beep him. He comes home. When I lived in the City of Golden Gate, I was not comfortable with that because of the amount of traffIc and speed limits. If we were to open a third access through there, then we're going to have that much more traffIc. As far as the capture, the internal capture they are discussing, I would submit to the commission -- to the planning board here that in general most people are going to be coming home from work are going to go to the store and then they are going to come home. So I think that internal capture is being overstated in terms of the amount -- ~ Page 74 , ;)" -- .------ -- -- ----- -----..- ---~ I' Agp.nrl8 Item No 12A_ .1 I February 26,2008 Page 76 of 133 January 17,2002 of traffic that is going to keep off the road, because we are all coming home and going to the store and then coming back. The other great concern that I have is we already have tremendous problems with our gates. Our gates are wooden. They are broken probably 40 percent of the time. And at this time due to the amount of construction going on, they are open, basically, all day. If we were to open this interconnect, depending on how it was set up, frrst of all, we would have the problem of who's going to pay for it to maintain it, who's going to build it, and if it's of the same type of gate system that we have now, at least 40 percent of the time it's going to be inoperable. If it's on the same system as our current gate system is, then we are going to be in a situation where we have unlimited access to our community through this commercial area. I went to the dentist on Friday. I went up 951, and I had to go pick my son up at his elementary school, Laurel Oaks, came up Immokalee Road and was going to go down 951. I would like to point out just to the south of our development is an apartment complex opening up with a large number of units. It should be open in, I would say, the next six months. On Immokalee Road right next to where our community is, they are getting ready to build a large apartment complex, and down the road on Immokalee there is a large apartment complex that has opened, all multifamily homes generating a tremendous amount of traffic. I don't know what the plans are specifically for 951 at this time, but I sat through four light changes at 951. And, then, finally, being a resident of the community, I didn't feel quite so guilty about it, I turned around and came back through and went through the community and came back out onto 951 and saved myself about 15 minutes because of the backup. Granted, there is construction there, and that should hopefully improve in the future. You can see what my concerns are about that I Page 75 . -I~ _~_,,________ ____ _ ___ _ ___',C__----'n'_ -,._-----~-,.~.- --.... -"'~-1".--.. ,,------,..---,.. - -, ----. -,-- --- -- - ---~~ a lem No.12A ' , February 26. 2008 Page 77 of 133 January 17, 2002 - - Also, I have grave concerns -- I believe the issue is -- and the fact of the matter is, there is a contract for sale open on the table right now. My belief is -- and this is my belief -- I have no facts to back this up -- my belief is that the contract for sale is, in essence, conditioned upon immediate approval. I don't think there is going to be any holdup in development of this. I think it's going to take place right away, and it will completely saturate our situation. I have two positions. Number 1, I'm asking the commission not to approve this plan at all. I would like to have the community as it was originally planned, an enclosed community with two entrances, where I can feel safe with my son out playing and not have to worry about internal traffic. I can tell you I live in Pebblebrooke Lakes. I live right next to the sidewalk to the middle schoo1. I love to be next to the middle school, but I can represent to you that cars line up in front of our - house right now to pick children up because they don't want to go ..- through that line. The gates are open. That may change in the future, but we are already battling a situation with that Again, as to the interconnect, it was represented to us that there would be an internal interconnect that would be a pathway. If you had a pathway interconnect, I believe that a number of people or a great majority of people would use it, and that would address some of the planning board's concerns about the interconnect. I think 951 is a big issue as well, because I don't know what the plans are for four-laning, or if they are going to four lane it. There is a tremendous backup at the light, not only coming in from OrangeTree but coming northbound to that light I know that the people at OrangeTree and Falling Waters and Golden Gate Estates, in general, are delighted with the fact that there is going to be this Publix there. It's the closest one out to the Estates. I think it's going to generate a tremendous amount of traffic. And in my viewing of it, - ~ Page 76 ----- III -,~----- UAgend; Item No. 12A-'-' [ I February 26,2008 ., Page 78 of 133 . January 17. 2002 it has already generated a tremendous amount of traffic. My concern is rather than wait to try and get out on 951 or Immokalee Road they will cut down through our facility and get back out The other issue that I have is, you know, the first idea was to run a road right through our nature preserve. I have a serious problem with that; that has been resolved. But I just want to make a point that we all bought homes based on what we thought was going to happen. We understood that the residential of Phase 4 mayor may not be single-family homes; it might be villas. It might be town homes, et cetera. But our understanding it was going to be residential. There is a large commercial activity area in existence. It's going to continue to develop, and I think it's more than adequate to serve the needs of the community as it exists right now. In terms of gas station which was mentioned, if you start at 1-75 coming down Immokalee Road to Pebblebrooke, you get off the road, there is gas stations right there immediately. You come down the road a little farther, there's a Hess Station. A little further down there is a Mobil Station directly across from Laural Oaks. A little further down the road they are getting ready to open up a brand-new Chevron. If we were to head south down 951 instead, you come to a brand-new Chevron that was just opened and just past that there are a number of other gas stations. COMMISSIONER ABERNATHY: Could you wrap it up, please? MR. CREEL: That is basically my point. COMMISSIONER ABERNATHY: I thought so. MR. CREEL: The one other comment if I can make briefly, the uses that have been recommended, I disagree with a number of those uses. And what I would like to see allowed there if the commission were to agree to that, I would like to see a larger buffer zone. I would like to see the commercial folks responsible for the gate and specifIc i I Page 77 , , , .--,-.------.,.... ' ---.r-''''''.'' -'.__....._.m_~,_ - -,---- '----'--,_.~ -.--- - --- - ~I- I; ...., .... , Fenruary 26,2008 Page 79 of 133 January 17, 2002 _. , i - type of gate put up that is more secure than what we have, not a wooden gate that is going to break all the time. And I think that's about it. Thank you. COMMISSIONER ABERNATHY: Thank you. Next speaker. COMMISSIONER BUDD: I have a question. On this display that is on the overhead, it is kind of zeroed in, so I cannot see who published this. Who provided that? Was it the developer or one of builders or -- MR. CREEL: It was -- sorry, sir. COMMISSIONER BUDD: -- or where does it come from? MR. CREEL: I can provide the fIrst page. I thought there was five of you. fm sorry. I made five copies. It's a home page that is available over the internet anybody can access. The home page is at the bottom of that particular picture. I would be more than happy to leave that. - COMMISSIONER BUDD: I don't like it that much. I was just ~ curious where it came from. MR. CREEL: I obtained it from the internet, and it was my understanding the developers prepared it. It was an exact copy of a map or a site plan that we were all provided with when we purchased our homes. COMMISSIONER BUDD: Okay. The thing I wanted to point out, Ray, if you can just get the commercial aerial back on the map from where you have moved it. There are two roads leading up into the residential area. The current zoning already is commercial for two-thirds of that area that is represented as residential. If you look at the lower cui de sac -- that shott deadend cul de sac -- MR. CREEL: Correct. COMMISSIONER BUDD: Commercial zoning right now bisects that commercial -- that shott cui de sac and wipes out two- ~ '-- Page 78 fi J Agenda Item No. 12A i , February 26,2008 Page 80 of 133 January 17, 2002 thirds of the other areas. Yeah. Right there where Ray's finger is about where the commercial line comes across now. So, just as a matter of record, this is some kind of sales or promotional literature. In fact, the commercial line was not where it was drawn here. It's much farther south. MR. CREEL: I understand. Part of the point I was trying to make is that part of the information was misleading. I think it goes to the truthfulness and veracity of the representations that are being made as to what is going to be done on that site. COMMISSIONER BUDD: Thank you. MS. MURRAY: Colleen McCarthy followed by Craig Haas. COMMISSIONER ABERNATHY: Were you previously sworn? MS. McCARTHY: Yes, sir, I was. My name is Colleen McCarthy. Just in quick reference to this brochure, it is a brochure that was printed up by the association that is fIling for this change in the PUD. And I have several, so I would be happy to hand them to you. They are printed up by the owner, the developer with his name and face on it, and there is no disclaimer as to anything being inaccurate. And it is the same one that you have up there. So we have been misled as to the amount of property that is commercial. Yesterday I went to both contractors in the development to get a brochure to hand out that they hand to potential buyers. And both of them, one being Beezer and one being Kimbel Hill, have this brochure in their folder printed by Mr. Saundry stating that this is what they are potentially offering to the future buyer. Now, I presented to Mr. Saundry that this was inaccurate. He said it was printed or made up four years ago, but it is being handed out today to potential buyers inaccurately. He said it would cost him money to print up a new one, so he hasn't printed up a new one. I I Page 79 :H- ----------"- --------,._._-',>- r--"'-.-- ~-_._"-, I -------~- --,,-- "gend, Itl?m NG. 12^ .1 February 26. 2008 ] Page 81 of 133 January 17. 2002 -, ~ Now, I would also like to request of you -- because our development is incomplete at this point. There are still hundreds to be built. We have an association that is headed by the developer. In that sense many of us do not think our association represents the residents. And consequently nothing has been presented to the residents -- I should say nothing -- but the fact we feel we have not been able to obtain in a timely manner since we only had a matter of ten days to two weeks. We would like the time to hire an attorney to represent the residents of the area in a more represented fashion, and I present that 1 to you. And I thank you for your time. I COMMISSIONER ABERNATHY: And next speaker. 1 MS. MURRAY: Craig Haas followed by Michele Goguen. COMMISSIONER ABERNATHY: Mr. Haas, were you previously sworn? ~ MR. HAAS: Yes, I was. ~ COMMISSIONER ABERNATHY: Go ahead. MR. HAAS: I have got a checklist here I would like to pass out to each one of the members, if you would, please. COMMISSIONER ABERNATHY: You are Craig Haas. MR. HAAS: Haas, H-a-a-s. I'm here to speak about if the property is zoned commercial that the residents would like some considerations of what is going to be built on there. The buffer picture that he has got up here is something that I just got a view of today. We have drawn a diagram at the bottom, and it's -- excuse me -- it's relatively similar to what he has put there. That was one of the considerations that we wanted. At the start of the checklist, we were looking for dumpsters to be located outside of the takeover zone, which is the 3.2 acres that you , ! are discussing the lighting, parking lot, landscaping, building to be low intensity and shielded from the residents' side of the -.. -.-/ Page 80 ! ---- --'-'-- -~lr~ February 26,2008 Page 82 of 133 January 17. 2002 development. Interconnect, we would like a gate similar to the ones that we have. We would like to make sure that is for Pebblebrooke's residents only, and construction traffic cannot come through our subdivision. Mr. Strain addressed this issue earlier, which is Item No.5. I have got copies of some of the information that they brought to us. We had a meeting Tuesday that Kenco Development did show up for. They had four items listed as to what could be developed there. There is actually 28 groupings, which Mr. Strain's list addressed very well. One of the provisions in there in the staff report is Section 4.4, Item 19. There is some verbage in there that the director would approve what is going in and out of there. We would like to maintain that stays in there for all issues or all commercial projects that go in there, to make sure that the residents -- residential friendly services. Item No.6 is the buffer zone. And, like I said, we made a drawing up down below of what we would like it to look like when it's completed. which is very similar to what they have here. Like I said, this was just presented to us this morning. At our meeting Tuesday we asked Kenco Development if they would be willing to postpone this so we could get together as a group and have a united voice. As you can see. there is a lot of different opinions what needs to be happened here. They did not want to do , that. We have had a couple of weeks to prepare for this and really 1 have only had two homeowners meeting and really don't -- we are all I going in different directions. We would really like to get together as a homeowners association and have one united voice. I don't know if we can make that happen today or not. But I understand the petitioner is the only one that can request to be postponed. So other than that I don't have any other things. Is there any I I Page 81 I I - --,-,- 11- ---- -- ......-._,~,-, "m-'~_'___ ._,---- :".::911:::-1<3 !l-:-:!Tl IV). :'-'~' ::':6. 20UB 8:-J oj 'j ~;~' January 17, 2002 questions of what I have presented? COMMISSIONER WOLFLEY: How many residents of Pebblebrooke showed up at your meeting? MR. HAAS: The first one it was, I think, about 50, and the last time it was probably a similar number. COMMISSIONER WOLFLEY: Thank you. ' , I MR. HAAS: The items I brought before you today -- there is probably about 20 of us that have put this list together. We haven't even had time to talk, as I said, as a whole group. This information is new. We keep getting more information. Like I said, Tuesday, which I brought copies, there were only four groupings that were told to us to be the SIC codes. The first four groups were all that were brought. And, in fact, there is Items 5 through 28, and each group has several items in it. COMMISSIONER STRAIN: When you saw the SIC codes -- I ,- probably know the answer, but I kind of want to hear it from you -- ~ did you know what those SIC codes meant? MR. HAAS: I was familiar with them. I didn't know exactly what they meant. I did meet with Karen Bishop. Like I said, there was only the fIrst four items in the information they brought us. Items 5 through 28 and -- as you know, there is several items with each group. COMMISSIONER STRAIN: Right. MR. HAAS: We looked through those fIrst four. They didn't seem, you know, very damaging to what property could be built there. Like I said, if this is commercial, what we are looking for is if it's built in a manner it will enhance our property and be convenient for us and not in a manner that is detrimental to our assets that we have there. That's all that I have got. COMMISSIONER BUDD: Mr. Haas, to summarize what you are saying then -- don't let me put words in your mouth -- you are in .- - Page 82 ----rrr -1 ., , l Agenda Item No. 12A . : I February 26. 2008 , Page 84 of 133 January 17,2002 I I I , , i ! favor of it with these qualifications? MR. HAAS: That is correct. COMMISSIONER BUDD: We have heard other people say flat they don't want it at all. MR. HAAS: That's correct. MS. MURRAY: Your next speaker is Michele Goguen followed by your last speaker of Jerry Buehler. MS. GOGUEN: Good morning. It's Michele Goguen. COMMISSIONER ABERNATHY: Were you previously sworn? MS. GOGUEN: Yes, sir. Twice. I would like to revisit the issue of the interconnect briefly. As it was said by Karen Bishop earlier, twice before in the 1990 PUD and the 1996 PUD, the master plan had a drawing depicting a road going through the preserve, and for some reason Water Management, whoever it was, is now saying that it's not possible to do that 1 I would also like to point out that in the petition that is before I you today, this is not a preserve. Is it written as a reserve which, I , , I I believe, the difference there is whether or not this area is protected or if there is vegetation and plant growth, whatnot, in that area that cannot be removed. I don't believe it's protected. It used to be when the road went through that area there were only 16 to 17 acres of reserve there. Now we have 30 and saying we can't touch it. I In light of the petition and where the interconnect is being proposed at the end of Burnt Pine, I think we owe it to all of the residents to explore an alternative place for that interconnect. As you can see on the map, on Burnt Pine on the end where it is being proposed, our residents' gate is only a distance of four lots away. All the people that live in that side of the community, to the left on the screen, they are going to go out the front entrance and are going to be on Immokalee Road. When they come home, they are -- why come I Page 83 ,H- -..- --.-' '.'-1--'--- ---~--~'- - --'-- - ---------;1[- a em . L.r\ February 26, 2008 Page 85 of 133 January 17, 2002 in through the interconnect? You can go a distance of four houses -- believe me, it's not great -- come right in your residents' gate. I don't see a need for that interconnect at that location. Also, it's known as soon as the area gets permitted all the malaluca trees are going to be removed. I have been told that in the front of the reserve area there is a substantial number of malalucas that will come out. Why can't we explore the possibility of putting this interconnect, if it is mandated and said in the petition, it's recommended. I don't believe there is any mandate. There is no law that says we have to have it. It's recommended by the Department of Transportation. We need to look at the opportunity to putit elsewhere. Why can't it go up in the front, right alongside Immokalee Road, perhaps, and into the development or into the commercial area? There is no reason that it can't go there. It's more accessible to a greater number of the residents if it's not tucked away in a little comer in the back where you already have your resident gate already available to you in a very short distance. I would like to propose the commissioners here recommend that we -- we look into the possibility of opening up a different avenue or see how creative we can get with this. But I don't think that where it's -- it's currently being proposed is the only place, as it was said earlier, that was like the last resort place, the only place it could be put. I don't buy it. It's not true. There are other areas it could go. I would also like to mention that it was brought at the second residents meeting on Tuesday -- it was brought to our attention by Mr. Saundry that all of the records available to us, to the common public, in the records room and currently on fIle concerning this petition were either incorrect or inaccurate. I asked him at that time, I said, "Well. it's Tuesday night. If I go to the planning office tomorrow, am I going to be able to get a copy of what is going to be Page 84 , , !I --'"----- --""- I ~~<;:,uo ,,~'" "U. ''''', February 26, 2008 Page 86 of 133 .-- January 17, 2002 discussed on Thursday morning?" He said he didn't know it would be available to me or not. How are we as residents supposed to prepare ourselves adequately, fInd who is opposed, who is object -- or who is in favor -- we can't unite ourselves and we can't come in here appearing as a really organized community without having adequate time, as has been said before, to have good documentation that we can rely upon in order to make that preparation. And I also would like to state the first community meeting that was held a week ago this past Tuesday was organized by residents, and it was attended by residents, and it was in excess of 50 people. I do have a petition signed by more than 50 people in opposition to this proposed change. And I have not honestly gone out there and pounded the pavement to see who else -- you know, what their voice - is. Because the lack of information available to us -- there is no sense in running in circles on it. We need to know exactly in which direction we need to go, and without accurate data and without being able to rely upon the documents available to us, you know, it would be a waste of time literally to try and go out there and get opinions and get everybody's ideas. We need to know what restraints we are facing. I thank you. COMMISSIONER BUDD: Question for Ray Bellows. Ray, in reference to the reserve/preserve issue, I had noticed in the PUD documents, Section 5, it refers to a reserve district. But then it refers to the Master Plan exhibit A, which has listed a preserve district, which is consistent with Michele's comments. Is there a signifIcant difference between reserve and preserve? . MR. BELLOWS: No. The reserve section, if you look at that, the definition clearly states it's a preserve conservation area. The designation on the master plan -- we can have that corrected to be ~ consistent with the PUD document It is, in fact, the same use. . Page 8S I ~~-_.._-"-"-<._- - "--1"',-,- .---..--,..- --- ~--- ---~ ---------- I T Cl ~ . ~"- , ., February 26, 2008 Page 87 of 133 January 17,2002 COMMISSIONER BUDD: My second question was, I know it I was stated earlier in the testimony, but can you refresh my memory. What were the governing authorities that denied or recommended against a violation of the preserve area? Wasn't that South Florida Water Management and someone else? I know it was mentioned. I can't remember. COMMISSIONER ABERNATHY: Corp of Engineers. MR. BELLOWS: Yes. Army Corps of Engineers. , COMMISSIONER BUDD: Anyone else? MR. BELLOWS: The South Florida Water Management District. MS. GOGUEN: May I add one point, Mr. Budd? CHAIRMAN ABERNATHY: Go ahead. MS. GOGUEN; According to the existing documents -- and this has been consistent since 1990 -- they are required to provide a ~ minimum of 35 percent, which is 45 acres of open space. That open ~ space requirement consists of three things; it's lakes, it's buffers, and it's reserve or preserve, whichever it is going to be. If they are going to take out vegetation in this supposed preserve area that is, say, the malalucas, the exotic plants, take over everything, so let's get rid of them. Or if they are going to increase our buffer, by whichever width that they increase this buffer, they are adding to that open-space requirement. So rather than put them -- you know, and, say, instead of having 45 acres of open space you are granting the residents this additional buffer -- reduce it by the same amount in your reserve area, perhaps, and make that your interconnect. COMMISSIONER BUDD: It's a great idea, but we can't do that. MS. GOGUEN: If it's going through the center and up on the road? COMMISSIONER BUDD: No, we can't touch it. ~ j Page 86 I - -~~~--~ ------- I r- February 26,2008 Page 88 of 133 January 17,2002 ( MS. GOGUEN: Thank you. MS. MURRAY: Your last speaker is Jeri Buehler. MR. BUEHLER: My name is Jeri Buehler, and I have been sworn in. I live at 389 Sweet Bay Lane. And our house will be affected right here (indicating). I -- one of my concerns is the buildings that will be butted up against the buffer, that they not be any higher than one story. I don't really care to have a two or three story looking down into my yard. And if we chose to put a swimming pool in, to me that is a huge invasion of my privacy. We were told when we moved into the neighborhood that this cui de sac was going to be homes, larger lots with bigger homes; that's what we were told. Otherwise, my husband and I most likely would not have chosen that particular lot in Pebblebrooke. I also have an issue of safety. There are probably 100 plus children in our subdivision. One of the pluses is that we do have a middle school. The children do walk to school; that's a wonderful I plus. I also have a handicapped daughter that works at the Publix grocery store. My question would be, if the road at the end of Burnt Pine Drive is to be open to commercial, are we going to have sidewalks for the safety of our children and the residents walking? Or are we going to, as I do now, continue to go out on 951 to the sidewalk and walk that way? If we are looking at the safety of our children, I think is a -- is a very large issue. I also do not agree with everything that Ms. Bishop has marked off of here. I don't understand sports and recreation club. What does that mean? What kind of place is that? The motion picture theater -- which would make huge amounts of traffic. You also have here miscellaneous retail stores. What does that mean? That's all that I have to say. Thank you. I Page 87 .... ---- IrI ... --_.,-~",- ".-~----,,-_. - ------ ---~--- --~~r Agenda Item No. 12A February 26,2008 Page 89 of 133 January 17,2002 MS. MURRAY: That was your last speaker. COMMISSIONER ABERNATHY: Ms. Bishop. MS. BISHOP: Okay. I would like to try and address some of these things. I will start with the last one, which was the sports club. I assume that is like a karate center or a workout place; those kinds of items themselves. I have not seen any other types of sport clubs in this area other than those kinds, so I'm making the assumption that's what that it. COMMISSIONER ABERNATHY: Gold's Gym; that type of thing? MS. BISHOP: Those kinds of things is what I'm assuming it is. COMMISSIONER RICHARDSON: However, that could cover things as a sports bar, could it not? COMMISSIONER BUDD: Right. MS. BISHOP: We had -- COMMISSIONER BUDD: --795 is a physical fitness center, which would be Gold's Gym and the like. MS. BISHOP: Right. Like the karate club and Tae Kwon Do clubs, and those would be something separate. You could also have boating clubs that met here. COMMISSIONER STRAIN: There is probably 30 uses that would go under 7997 as sports and ree clubs. Aviation club memberships, baseball clubs, beach clubs, boating clubs, bowling leagues, bridge clubs, football clubs, golf clubs, hunting clubs, racquetball clubs, recreation and sports clubs, riding clubs, shooting clubs, and soccer clubs -- it goes on and on. These are the kind of issues that when we have categories like this that are miscellaneous or they are more encompassing than what they appear to be; those are the things that cause the public concern down the road when all of a sudden something gets built there, and they don't realize it was part of the approval. ~ ~ Page 88 I -._~--- i --~'~'--------'- ~~ -:--~-:TT- February 26, 2008 Page 90 of 133 -'-- January 17,2002 MS. BISHOP: We can take out the sports clubs. They are gone. I would like to take some of the things -- I took notes on some of the things. I will start with the sidewalk to the middle school. When we designed this subdivision -- and I designed this subdivision with Ken -- we had a -- prior to our corp and district permit, we had a whole different idea what this project was going to look like. The 1996 master plan was our vision of that project at that time, which was a road that went through this preserve. And as it was pointed out, at the time the preserve area was only 16 acres. Well, that was also, you know, our concept of what we needed to be saving here. Unfortunately, the permitting process for this site took over a year. During that process the wildlife agencies, the environmental agencies came in force and absolutely, positively required us to make that preserve 30 acres, to have a bird wading habitat experiment, which has gone awry, and to limit uses around that. We have since then platted this whole subdivision which was -- the platting of the subdivision was done in 1997, '98. And at that time the tracts were defIned at that time, which was after our second amendment to this PUD. At that time we had to change our master plan to conform with the permits from the agencies. We had to plat that preserve agency and call it a conservation area. never to be touched again. That's what we had to do to get our permits to build the site. That's, in fact, what we have done. So that preserve area is not open for access at any point. It is, in fact, a reserve area. It has a conservation easement on it. The district, in fact, holds that conservation easement. So that is not an option for us. As much as we wish we had an option, it is not. COMMISSIONER RICHARDSON: Can I pursue that for just a minute? MS. BISHOP: Sure. I Page 89 , i ~- .'."...--..-",--...,,'. -..--.....,.--'-.--. --,-.-....'" ----- --- ------------ -nr- o A February 26, 2008 Page 91 of 133 January 17, 2002 COMMISSIONER RICHARDSON: It would seem rational, perhaps, the agencies that you deal with don't deal in those terms -- but it would seem rational to put an interconnect right up next to Immokalee Road. We have a lot of access roads that are not part of the major thoroughfare. I can't imagine that that would be something that you wouldn't at least be willing to look at. MS. BISHOP: Well, it does not belong to me anymore. It belongs -- the conservation easement belongs to the district. It's not up to me. I don't get to go back and ask them -- if I do ask them, they are going to say no. They have no reason to give that land away when we have another option internally on property that has already been designated for development. I I COMMISSIONER RICHARDSON: However, it's not as an 1 attractive option in terms of looking at the total picture. MS. BISHOP: And I -- COMMISSIONER RICHARDSON: Ms. Bishop, let me just ! say that, perhaps, our county and its transportation department would be willing to join you in trying to come up with a more rational solution. They can certainly represent to the current titleholders, if that's the case, that now we have a new situation here. We are trying to resolve it. We have people living there. And a little access road just across the top, if there is some mitigation or something, have you thought about? MS. BISHOP: Right. That's another issue too. The mitigation -- fIrst of all, it would not be just a little road parallel, because you would have to have some distance off that intersection for it to be ' ' , ' safe. You would be looking at more than just a little 60-foot strip across that top. The mitigation for this property, just for us to be able to do what we - did we had to save the on site. I believe my client paid $300, 000 already in off-site mitigation. MR. JARVEY: 450,000. Page 90 i , , , 1 --'-- --"-- --~ it m No. 12A February 26, 2008 Page 92 of 133 January 17, 2002 MS. BISHOP: $450,00 in off-site mitigation just to have what we have. and they locked us into this design. Going back now, there is no guarantee. I have never been able to go in and impact a conservation area to that degree without significant pennitting nightmares and additional significant cost in mitigation and professional services. COMMISSIONER RICHARDSON: What you would be taking back to them is not the project that you took to them before. You are coming in and asking for a new PUD with changes in it that we are struggling with to try and figure out how best to fit it into the community . MS. BISHOP: Right. But, unfortunately, the district -- they care about your zoning. They don't care that I had 650 units on there and I can't fit it on there. They don't care about those things. They , care about what your permits and development lines are and what you, in fact, are saving. Those are wetlands up there. That is, in fact, what they required us to save. They are not interested that -- that some of the residents don't like this connection where it is. That is not in their interest. Their interest is to protect wetlands; that's, in fact, what they do. I don't know that they would even consider such a request, since there is a connection available through another access. Regardless of whether that was commercial -- which is underlining commercial, but residential, there still would have always been a connection there because this -- this project is one project total. All the roads are supposed to be internally connected. So we would be required by I that -- by the fact this is one document to still have an interconnect there even if it was residential. COMMISSIONER ABERNATHY: Mr. Strain, do you have a question? COMMISSIONER STRAIN: Just a quick one. Karen, I think I I Page 91 .- rj- -----~._~_..<;~~--'", - _ ...,.._~,,___.n --~- ~ I ., , February 26, 2008 Page 93 of 133 January 17, 2002 met you about a year ago on a project for the Golden Gate Fire Department. A situation occurred where the fire department was given some land, but it was land that was dedicated as a preserve to South Florida Water Management District. MS. BISHOP: Correct. COMMISSIONER STRAIN: But if they could get that changed, they could use the land for a fIre department. Of course, I didn't think it could be done. You did it. MS. BISHOP: That's true. COMMISSIONER STRAIN: Okay. You should put that kind of effort into this. We might have the results. MS. BISHOP: That was two different reasons why that was able to occur there. One is that the wetland line was not a part of the development line, so that was -- we were not encroaching into any of the district wetlands. Those were uplands there. The other reason that was able to occur is because the fIre station is a public entity. Because it is for a public entity. the district looks at that kind of issue for the public good to allow that. And the preserve in that area was over 400 acres. This is only 30. You try taking out -- let's just say 3 acres; that is 10 percent of this preserve. That was not what was taken out. There was only 2 acres taken out of that conservation area at the Golden Gate Fire Department at that intersection. COMMISSIONER STRAIN: But it was a dedicated preserve already given away. MS. BISHOP: It was a dedicated preserve that was not wetlands on that spot, correct. COMMISSIONER STRAIN: Wetlands can be bypassed sometimes by using things like culverts and elevated -- MS. BISHOP: You are still nailed at the impacts and secondary impacts to those areas. And I do believe in that case that preserve Page 92 I --.---- - --~-----~-- - ----~-- ~ 0 ~ February 26, 2008 Page 94 of 133 January 17,2002 had what would be considered extra credits for the amount of impacts that project had originally; and that's why there wasn't an issue for those 2 acres to be removed, because, in fact, they were not district wetlands. They were uplands. COMMISSIONER ABERNATHY: Next item? MS. BISHOP: Sorry. I lost my place there for a moment. The sidewalk at the middle school was something that we all considered very important. And, yes, I'm one of those people who park up next to that sidewalk and drop my little girl off if she's running late or if it's raining, I pick her up there. The intent was to keep people off the road from having to drive next door. And, actually, one of the things this developer has spent the last five years trying to do is that sidewalk on Immokalee Road , I off the back of the curb was a part of the effort that this client and ,- myself personally took on for almost two years to keep those kids " from having to be on the back curb of that six-lane road. We also went as far as to make sure that the project to the south of the middle school, which is. Also Mr. Saundry's, has its connections and that project connects sidewalk to Ibis Cove, which has a connection to the high school, which bas a connection to the elementary school. We have taken these interconnections for pedestrian access definitely to a standard that certainly the whole community should be looking at. But there are times when the pathways for walking aren't enough. And that in this case for the groceries, driving your car -- I mean, when I go shopping, it's every two weeks because I really hate to shop. My car is loaded down. I dare say I could not carry that on my back coming back and forth on my bicycle. When I send my kids up there to get milk or something, then, yes, certainly they can take that pathway. i r. We would increase the sidewalks or continue the sidewalks into Page 93 _.,----- '._._-"'-~-'''"--'~ '~'---'----'. ---- --- -,--- - - -- - "- -- -- -------- --,---- ___.m_____ ___________~ .1 ....... '-' - , February 26, 2008 Page 95 of 133 January 17, 2002 the shopping center along that area. So, yes, there would be an interconnect of sidewalks for pedestrian access. j At that -- it was brought up at the meeting on Tuesday that we only had five items there. I came with the existing PUD document that listed every item. We were only asked about several iteMs. I also came with my SIC book so that I could go through the detail of what was allowed in those things. We were only asked about a few of them; one of them being the car dealers, which I then looked at. And a gentleman asked, "Can I eat Chinese? Can we have a McDonald's? Can we have a Walgreen?" I said, "Yes, we can have all of those things." If somebody would have asked for more information, we had it readily available to supply to them when Ken Saundry was asked about the staffs fIles, I corrected Mr. Saundry's conversation. What he intended to say was that the original planner mistakenly used the I wrong master plan when he gave you your last staff report, which I I called some of you and found out that it happened. I did not get mine until the day after, so I had no way to know that that, in fact, had happened. That part of what was in his fIle was incorrect, but his files were complete. He has all the amendments in those files. Any person can go down to those -- I sent my office down there just to check. We pulled the documents from each of those subsequent amendments. There are also the platting documents which are available down there. And the platting documents are the instrument to which the lines were defIned, which in our document it says that all these acreages and lines are approximate until we plat. And we platted. The plat had to be in place before any of these people could move into their homes. I'm sure you are all aware of that. The platting on that line was established at that point. The use on that tract to the north underlined was commercial -- Page 94 ----- --~~'.--- -,,~ -~ -- --1'- ~ ! . . - February 26, 2008 Page 96 of 133 C January 17,2002 but Ken was looking at the market directions and seeing what else could go there, just like any developer does. You cannot -- it's hard to project what you are going to do. And it is a gracious idea to give up commercial for residential, if you can. That was something at that time he was looking at. But because -- unfortunantely, because of the impact of the residential by the roadways there and the future activity center in that corner, the -- it's not been as advantageous for a developer to put the two-story four-plexes in. I might want to point out a two-story four-plex or eight-plexs, two story, three stories are allowed. They would go right next to the single-family homes that are there. They would have literally no buffer, no wall. They would have the 15-foot normal buffers that would be required by residential, but there would be no walls, and there would be, obviously, whatever amount of traffic that would go ,..- by to go to those homes would be there, plus the interconnect to the "- commercial would be at the end of that tract, wherever that would be. So those things would still stay in place. Those elements are still going to be an issue whether or not this PUD is amended or not That still has to be there. One of the issues that we -- that the residents may not understand is that when they build roadways -- at the time you do these PUDs, you are given an opportunity to pick your accesses on the roads. But during that process the transportation department clearly, clearly does not guarantee you that these are going to be there forever and that you are going to get median cuts when they improve the roads or that you are going to get a light or any of those things. Right now, based on what the plans are for this area, Pebblebrooke may be limited on our 951 access to a right-in and right-out and to a d.irectionalleft but no lefthand turn to go north to the intersection. The Immokalee Road may also be limited to right-in, right-out ,-- with a directional left-in; and that's it, with no lefthand turn out. We Page 95 .'--,,-------".---. T-..----- -"--- -,- --rT-~ I , February 26,2008 Page 97 of 133 January 17, 2002 don't know any of those things yet. Weare still in limbo on what those plans are going to be. If this commercial piece comes into play where it is, Dawn has agreed there would be a lefthand turn out of that commercial as a full intersection through that area, which would give us an opportunity not to have to head down to some other direction and U'ie-around and come back the other way. So that solves future problems that haven't even happened yet. Weare trying to anticipate the needs for all of these things, because we don't want another full access into 951 because we are not really going to get that. As a residential area, we wouldn't want that. But having a gate-limited access through whatever parcel to the commercial shops I think is imperative for all projects. You know, obviously there are people who don't agree and that's -- you know, we are never going to get everyone to agree on this. You have seen it at Livingston Road, the Livingstone Wood's people, but yet I can tell you at Pelican Strand, you know, the commercial does very well up there. It's very beautiful. It seems to do well. All of those people that backup to it and see it everyday, we don't get complaints from those projects. It does work if it's done well. The same at the Vineyards. The Vineyards is another perfect example where that kind of commercial really works. They have no main gates on their main drags; just on the subcommunities inside that area. They work well. We are trying to work within good planning practices here. We understand that when you buy into some of these places -- when I bought into this place, that northwest area did not look like that at all. Beezer came back and changed their mind and totally redid it the way they wanted to do it, and it changed that whole idea. Well, that was their prerogative. They owned the property. They had that right. But it was still residential, which is what we understand. Page 96 ..-- .----- I Agenoa Iem \l0. I L.i\ February 26, 2008 Page 98 of 133 ( January 17,2002 COMMISSIONER ABERNATHY: Mr. Budd, do you want to question now, or do you want to wait? COMMISSIONER BUDD: Well, I have a couple of things for you, Karen. MS. BISHOP: Sure. COMMISSIONER BUDD: One, from the residents there are three camps; "Don't do it. Not now. Not ever." You are, obviously, not going to do agree with that. There is the, "Postpone it. Give us more time to think about it." I understand your owner has declined to postpone. There is a third camp, which we can address, which is specific requested modifIcations. If I can get your response or your owner's response as to modifIcations which are agreeable-- MS. BISHOP: Sure. r COMMISSIONER BUDD: There is a request that the \ dumpsters be located outside of the 3.2 acres that is going to become commercial. Is that acceptable? MS. BISHOP: I believe that's acceptable. I think more than just that. I think what they are looking for is the noise element. I believe the new community character criteria for commercial addresses that with those dumpsters and the way they are done. You have to wall them in now. You can't just leave them sitting out there. It's not just its aesthetics. It's nasty. You know, just nasty stuff. So it's addressed now through those processes. COMMISSIONER BUDD: And, also -- which is also consistent with the community character discussion is low intensity shielded lighting. MS. BISHOP: Correct. COMMISSIONER BUDD: That is agreeable to you? MS. BISHOP: That is agreeable. I want to point out when the r- activity center across the street comes in that we might want to be Page 97 --~..- ~ .. >-------,--~~ "-"_.._,.,"~',..- I - ud ,-,II U.ILh February 26, 2008 Page 99 of 133 January 17,2002 looking at them big time. Because the bigger problem is going to be ! I the activity center across the street with all the lights from the front of that place looking at projecting across to Pebblebrooke's owners also. So when that comes in front of you guys, hopefully you will keep in mind that there are residential people around there and nail them also with making sure their lighting is conducive of residential Wherever it's blaring at. COMMISSIONER BUDD: We make every effort to be equally oppressive. MS. BISHOP: Thank you. COMMISSIONER BUDD: How about the request that buildings located within the area of the 3.2 acres be limited to single story, the commercial buildings? MS. BISHOP: That's fIne. COMMISSIONER BUDD: That the interconnects will have a secured gate. And I had a question. You talked about traffIc calming at some point, a speed bump or something like that. Will that be on the commercial side, the new side, or would that be back on the residential side that is currently completed? MS. BISHOP: We had looked at this at the residential that is completed. Because I live at the comer of two half-mile straightways, so I'm one of the ones that is really affected. By the time they hit my house, they are doing 40 miles per hour. The kids i play kickball right around that comer, so that is something we are looking at as a community. If it is necessary to stick a speed bump on the other side because we feel that this is a problem coming from the commercial, I don't believe that Don DeAngelis will have a problem with that speed bump close to the gate within that buffer area outside of his parking lot area. COMMISSIONER BUDD: The gate, there has also been testimony that the current gating system is kind of a flimsy piece of Page 98 ~ -~~---_._-- ,- --,--- ."---~.._.- I , Mger,ua ""'" f'U. "'-M February 26, 2008 Page 100 of 133 r January 17, 2002 ~ wood. Will the gate that will be provided on the commercial side, would that be metal gate or something more substantial? MS. BISHOP: Actually, I'm going to suggest to you that we have agreed to put the same kind of gate that is there. The homeowners association at Pebblebrooke has the ability through their buying power to buy better gates if they want, but those were the gates that were provided to us when we came in. They are not intended -- they are intended to be privacy gates more than anything else, not security gates -- and to keep the pass-through traffic out. I'm going to suggest to you that it would be -- I would be hard- pressed to believe that when that full-cut intersection comes into that part of the commercial area that somebody would think it would be better to cut through Pebblebrooke to get out than go through a full and -- perhaps, even lighted intersection where you can turn left or r right. So I'm of the belief that it's not necessary at this point. If we "- want a better one, when we buy the other two better ones, if, in fact, the homeowners choose to do that, we can upgrade that one also. COMMISSIONER BUDD: On that gate would it be approval to the developer that should it be approved with conditions that the gate would not be open at any time for construction traffic? I know right now there are hours of operation. MS. BISHOP: Construction traffic will not be allowed to cut through the project. COMMISSIONER BUDD: It will be a 100 percent active gate right at the beginning? MS. BISHOP: Correct. COMMISSIONER BUDD: Then there is a buffer layout that was discussed here by one of the residents, and there is a buffer layout there, which I don't have a copy of, I have not seen before, and cannot see from this distance? C MS. BISHOP: I have stuff for you. Page 99 i:::"_-~ .- ----- . , -------------,_. II .'--'--._'~----~--'''' '-"r~-"~-" ---------- --- ---- --'-----'-~'-"'.._--"._---"".--,--,-,----- , : di I IlU. ILK February 26, 2008 Page 101 of 133 January 17,2002 COMMISSIONER BUDD: I was interested in, is this buffer acceptable or similar? COMMISSIONER STRAIN: You need to give one to the court reporter. MS. BISHOP: Okay. As you can see, the buffer is in the same dimensional criteria as the one below. I think we showed our wall closer to the center to make a more even berm. But I don't see that his -- the problem is two-foot berm in an 1O-foot area does not. Leave a flat spot on the top. I don't believe that the design that the homeowner provided will work, but we can certainly do it very similar to that. Start the berm at the edge of that 30-foot line. I think to make it a maintainable berm, it has to be a 3 to 1 for it to be maintainable. So at a 3-to-l slope the berm will come up 2 feet, which is 6 foot in -- yeah, 6 foot and then you have a flat spot of a couple of feet, and then 3 to 1 again. It would be at the minimum probably -- about the center of it will be probably 8 foot in to 10 foot in from the backside of the buffer. COMMISSIONER BUDD: Okay. MS. BISHOP: Which we tried to do, as you can see. COMMISSIONER BUDD: The interconnect, which is primarily a vehicle interconnect, would that contain sidewalks? MS. BISHOP: Yes. COMMISSIONER BUDD: So the same residential sidewalks that are currently there would continue right on into the commercial area? MS. BISHOP: Yes, sir. COMMISSIONER BUDD: Those are all my questions. COMMISSIONER STRAIN: I have a question. COMMISSIONER ABERNATHY: Go ahead. COMMISSIONER STRAIN: The master plan that was up on the screen that had a preserve area, it does not appear that the Page 100 Agenaa tern Q. i LA February 26, 2008 Page 102 of 133 r January 17,2002 "- preserve area has changed. MS. BISHOP: No. COMMISSIONER STRAIN: It looks like it's about the same. MS. BISHOP: We platted that several years ago. We cannot change that. COMMISSIONER STRAIN: The lakes look pretty close. MS. BISHOP: Correct. What you are looking at now is a master plan; that is, in fact, the platted -- here is the project here (indicating) on this area. COMMISSIONER STRAIN: Let me get to my question, though. The document that we have that was last approved for this project called 16 acres of preserve and 22 acres of lake. The document that we just got from planning staff says the preserve is going to be 31 acres and lakes will be 22; that's changed sometime C then. You have built something different than what you previously were approved for? MS. BISHOP: When we originally did -- I had done the zoning prior to receiving my district permit; so that's what happens. You guys see it all the time. Zoning and environmental permitting have had -- in the past had no real connection. You put a master plan out there and then get your permit, and you are -- COMMISSIONER STRAIN: If it's over a 5 percent change, aren't you suppose -- there is some rule that when you get to a certain change you are supposed to apply for a substantial deviation. Ray, do you recall what that rule is offhand? MS. BISHOP: That's for DRIs. COMMISSIONER STRAIN: No, it's not. It's for PUDs. MS. MURRAY: No. Typical PUD language allows for minor changes due to permitting, but it does not necessarily define what minor is. There is no threshold. C MR. BELLOWS: If you are discussing a PDI, a master plan Page 101 .---- - _~"__,n~__~_."' -------~._----'"---,-- - '- i !I Agenaa 18m \/0. I A February 26.2008 Page 103 of 133 January 17,2002 change, that has 5 percent, I believe, criteria is what is a substantial I change if they are trying to do a PDI of the substantial master plan change. COMMISSIONER STRAIN: I have it in front of me. What happened, this project changed its preserve areas -- they doubled those, which is positive, but they cut the lakes in half. And in your mind that wouldn't have required a previous requested change to the PUD? MR. BELLOWS: Not to the PUD. COMMISSIONER STRAIN: Also, Karen, your buffer area -- not your buffer so much as your open space -- requirements is 30 percent, which is 45 acres. You call out 48 acres in the text of the PUD, but on the master plan you only callout 42 acres; so how is that addressed? MS. BISHOP: I guess I'm kind of at a loss of what your question is. COMMISSIONER STRAIN: Turn to your PUD document. MS. BISHOP: The existing or the current? COMMISSIONER STRAIN: The new one. MS. BISHOP: The new one. COMMISSIONER STRAIN: Page 2-4. MS. BISHOP: Okay. Section 2.4. COMMISSIONER STRAIN: No. Page 2-4. MS. BISHOP: Right. Page 2-4. COMMISSIONER STRAIN: You show 48 acres of open space. On the master plan, the only open space that you show is preserves and lakes, and they total 42 acres. The ULDC requires the buffers to be on the master plan. Do you know where those are going to be? MS. BISHOP: The buffers are already in place. They are perimeter buffers, the perimeter buffers around the outside of the project. Ken Saundry -- on the north and the west buffers, which are Page 102 --,-'--- _._,-. II r January 17,2002 "- __ east buffers, which are 951 and Immokalee has a 25-foot buffer there with a wall that he built and put in -- as a matter of fact, that's where we built the county sidewalk on our property, so that we do get that sidewalk outside of the curb. COMMISSIONER STRAIN: They do need to be shown on the master plan. The master plan that we have does not show them. Do they need to be added? MS. BISHOP: Actually, no. This has already been platted, as I discussed before. This whole project is platted currently. The buffers are platted. The preserve is platted. The lakes are platted. Everything is even built. The only piece left not built is this one little square, which is north of the existing residential on the east side along 951. If you look at the aerial, you will see that's the only spot left in this project that has not been built yet. Those are already in C place. And I can't change them because they are already deeded over to the owners. COMMISSIONER STRAIN: I'm not asking you to change them. I'm just asking you to put them on the master plan. MS. BISHOP: Show them, specifically? COMMISSIONER STRAIN: Well, I'm just looking at Section 2.7.3.1.1.3 and.4 of the ULDC where they call out the specifIc things that need to be on the master plan. I'm just looking for the buffers as part of your open-space requirements. MS. BISHOP: I will be glad to. But your open space do -- I believe also includes yards, doesn't it, Susan? MS. MURRAY: Yes, it does. MS. BISHOP: So it's not just buffers. Your open shows also yards, which I will not be able to show all of that as a part of my open. COMMISSIONER STRAIN: No, but on your 2-15 open-space ( requirements, you said this requirement shall not apply to individual Page 103 , -''''''~- ---"_.~',",,,,, -,,--_.._~,~'-_. !J Agenda Item No. 12A Februarv 26. 2008 I Page 105 of 133 January 17, 2002 development tracts. Are those yards within residential tracts? MS. BISHOP: Correct. So my overall -- but I have additional open space, which does include that. I just made sure that we had open space that was not required -- or did not include those others. COMMISSIONER STRAIN: Let's get simpler. I need your master plan. I think your master plan should show the 45 acres -- MS. BISHOP: I will be glad to do that. COMMISSIONER STRAIN: -- of that. The other item I have on your PUD, Page 3-4 -- Ray, I don't know if you realize this. This is between principal structures under single family detached has been reduced from 15 to 10. I'm not sure it's signifIcant or not. I just want to make sme that planning staff was aware of it. MS. BISHOP: Right. That was done in 1997 also. COMMISSIONER STRAIN: No. I have your '97 one here. It was not done in '97. It was 15, I believe. MS. BISHOP: Principal structures? I'm looking right here, single-family detached on the 1997 one, I'm showing 10. COMMISSIONER STRAIN: Well, I have the '97 staff gave me. It shows distance between principal structures 15. MS. BISHOP: Well-- COMMISSIONER STRAIN: Maybe I have the wrong one or you have the wrong one. MS. BISHOP: Well, maybe so. Actually, let me look at my '97. COMMISSIONER STRAIN: My question is, Ray, is that going to have any impact on your deal? MR. BELLOWS: From the planning perspective, the distance between structures on single family, 10 feet is still within what is typical on many PUDs. I don't have a problem with 10 foot. COMMISSIONER STRAIN: Okay. MS. BISHOP: . Actually, most of the houses out there have been built like that, except for mine and I have 15. Page 104 -~~...- ~~--~ I u . I February 26,2008 Page 106 of 133 ",- January 17,2002 '.. COMMISSIONER STRAIN: But that's not what it says. It was changed to prior owners, and I wanted to make sure that staff was aware. The last thing, I don't know how many other objections there is going to be to other uses, the drinking places use -- and I want to ask you if you need this. It says, "Bars, beer parlors, beer taverns, cocktail lounges, discotheques, nightclubs, saloons, tab rooms and taverns. " Do you need that in your list of goodies? MS. BISHOP: I suggest to you that we need that. I have seen -- COMMISSIONER STRAIN: It will generate some noise. MS. BISHOP: Well, there is some noise ordinance that, if fact, does -- and the distance between that area -- I mean, obviously, if there is something on the south end -- we see this all over Collier County. If there is a noise-generating facility and it is disturbing its r surrounding neighbors, then they have a problem. There is decibel "- levels that are required at certain times of the day. And the -- right now, I dare say, I'm probably speaking louder than the allowed decibels. As a matter of fact, a guy did my voice once and said I'm something like 5 to 10 decibels higher than the normal allowance for the noise ordinance, which is 55 decibels at night and 60 during the day. Apparently I'm not allowed to go anywhere and speak. out loud because my voice is louder. There are ordinances. There are time frames when these are done. And now the county has very sophisticated noise equipment to keep people in check. So I dare say that will be an issue, and if it is, it won't be an issue for very long. COMMISSIONER STRAIN: It's one that I didn't want to see the residents have to go through. I don't have any other comments at this point. COMMISSIONER ABERNATHY: Anything else from Mr. ( Bellows? Page 105 i I . ~,- . .'~- ->~........- ---".--.' ---.---- ------.--------r--- - _ d l II U. iL February 26. 2008 i , Page 107 of 133 January 17.2002 MR. BELLOWS: Yes. We have an additional stipulation to clarify with transportation of the traffic, and they have -- Dawn Wolff has provided me with language. I would like to read it into the. Record. (As read): "No certificates of occupancy shall be issued above the 150,000 square foot within the commercial tract until the four-lane capacity above Immokalee Road and County Road 951 to Wilson Boulevard and 951 from Immokalee Road to ! Vanderbilt Road is available." COMMISSIONER RICHARDSON: I support that 100 percent. COMMISSIONER STRAIN: So do I. MS. MURRAY: Mr. Chairman, you also wanted clarifIcation of the square footage, the maximum square footage allowed? MR. BELLOWS: That would be 231, 000 square feet. MS. MURRAY: For commercial. COMMISSIONER ABERNATHY: I thought we crossed that bridge. MR. BELLOWS: Karen mentioned that earlier. COMMISSIONER ABERNATHY: I will close the public hearing. What is the pleasure of the board? COMMISSIONER BUDD: Mr. Chairman, I would like to make a motion that the Planning Commission -- let's see, are we approving or forwarding the recommendation that the Planning Commission forward Petition PUD- 200 1- AR -14694 to the Board of County Commissioners with a recommendation for approval with specific attachments and recommendations, and that would be as agreed by the petitioner, buffers to be located outside the 3.2 acre commercial rezone, lighting to be low intensity and shielded from the residential area, buildings within the 3.2 acre commercial rezones to be limited to a single story. That there be -- the interconnect shall have a secured gate that will be installed and operational immediately upon the construction of that road and commencement of construction to Page 106 I --,-- ----- ~ genda tern \10. I February 26, 2008 Page 108 of 133 ( January 17,2002 limit construction traffic and -- contrary to the petitioner's request -- I would like to see that as an upgraded gate, metal gate superior to the current wooden-plank gate, and that the buffer design be as -- in the recently submitted Vanasse and Daylor buffer. And last, but not least, the transportation stipulation as read into the record by Ray Bellows. CHAIRMAN ABERNATHY: A second? COMMISSIONER MIDNEY: I will second it MR. BELLOWS: IfI may, did you mention the revised --list of permitted uses? COMMISSIONER BUDD: My mistake. Yes, the corrected list -- the list of permitted uses provided by Mr. Strain and amended by Miss Bishop. MR. WHITE: Lastly, the master plan changes-- ( COMMISSIONER STRAIN: I was going to -- as soon as we got to discussion, I was going to throw in about 20 things, but we are not there yet After it's second. COMMISSIONER ABERNATHY: Mr. Budd's motion. Mr. Midney's second. Discussion? COMMISSIONER STRAIN: Mr. Chairman. COMMISSIONER ABERNATHY: Mr. Strain. COMMISSIONER STRAIN: I would like to add that the cap on commercial be 231, 000 square feet, 231, 000 square feet; the discrepancy between the word "reserve" in the PUD document and preserve as shown on the master plan will be corrected pursuant to staffs direction, whether it should be preserve or reserve; . And that the location of the interconnect and any buffers be added to the master plan; there be sidewalks added along roads that go through this interconnect area; and that 5813 be struck as an acceptable use, drinking places. ( COMMISSIONER ADELSTEIN: Mr. Chairman, is that an Page 107 - -~--'-'"----- ""T--'-'-'---'- _."~-- ~- Agenaa /tem \lO. i LA February 26,2008 Page 109 of 133 January 17,2002 amendment to this? COMMISSIONER STRAIN: That's additions that I would like to add, if the motion maker and the second approve those conditions. COMMISSIONER BUDD: Is that all of your additions? COMMISSIONER STRAIN: That's all that I have. MR. BUDD: I will agree to those. COMMISSIONER MIDNEY: I will. COMMISSIONER ABERNATHY: Including the elimination of drinking establishments? MR BUDD: Yes. COMMISSIONER ABERNATHY: Any discussion? COMMISSIONER STRAIN: Second has to agree to it also. COMMISSIONER ABERNATHY: He did. Well, I will discuss. I think that eliminating the drinking establishments is being unduly fussy. I think they should be allowed and dealt with as it exists. There's hardly a place in one of these activity centers that does not have someplace where somebody can watch a football game and have a couple of beers. I don't drink myself, but I think other people should not be presumed to create a nuisance just because they have a drink. So I object on that basis. COMMISSIONER ADELSTEIN: Mr. Chairman, so do 1. I don't think it's our position to put something like that in. And I personally would like to see it removed. COMMISSIONER YOUNG: I would too. I think if you are having dinner you might like a glass of wine. COMMISSIONER STRAIN: That doesn't apply. The restaurants already have that. These are strictly taverns and saloons and things like that. My concern is not that people drink; that is a disruptive element to a neighborhood. I'm sure these" people don't want to have to go through having monitors put out there and certain times of the day or night to see if they have decibel levels and then Page 108 .------,"-- II , , February 26,2008 Page 110 of 133 r January 17.2002 "- challenge it through county staff. That's why I'm suggesting this. And that's my reason. It has nothing to do with people's morals. They can do what they want. COMMISSIONER MIDNEY: I will agree. Restaurants would be permitted and people can drink at the restaurants. COMMISSIONER RICHARDSON: Mr. Chair, maybe you can just take a consensus question on just that one issue. COMMISSIONER ABERNATHY: How many people are going to oppose this motion as long as the drinking establishments prohibition is in it? COMMISSIONER ADELSTEIN: As long as restaurants are approved, that's fine with me. COMMISSIONER ABERNATHY: I may be the Lone Ranger then. I don't know. Do you want non-restaurant type of alcohol C serving establishments? COMMISSIONER YOUNG: I think as long as restaurants -- CHAIRMAN ABERNATHY: So we have two. I think the motion can carry. I call the question. All in favor. (Unanimous response.) CHAIRMAN ABERNATHY: Opposed? Mr. Wolfley had a conflict, so he abstained. MR. BUDD: The motion carnes? COMMISSIONER ABERNATHY: The motion carries 6 -- 7. COMMISSIONER RICHARDSON: I would like to make a little comment, if I may. There is -- I would like to address the fellow commissioners. I think we have turned a comer today, and the first time in my year and a half that we have taken a more restrictive position than what the applicant has brought forward in terms of traffic. I think this is a signal -- that I'm sure Mr. Feder and Dawn are listening to -- and would really hope that we can hold the line here Page 109 I ,,'."h_.,,_..__ ---- .~~--,_._- - - January 17,2002 and do more of this, because I think that's what the public is crying for. As far as the public at large, we have got a new public participation ordinance in place. This one did not fall under it. But we are going to see more and more opportunities for public involvement earlier in the process that you may not be faced with in this situation. There is help coming in terms of the process. Our hands were somewhat tied in this particular issue. COMMISSIONER MIDNEY: I would like to add to that also. In conversations with people and talking about the traffic and the congestion, people have sort of a hopeless attitude, "Well, there is nothing that anybody can do about it. It's just inevitable. " I'm glad to see that we can do some small things. CHAIRMAN ABERNATHY: Thank you very much. MS. MURRAY: Conunissioner Abernathy -- COMMISSIONER ABERNATHY: Do you want to go back to Item B? MS. MURRAY: That's up to you. They are ready. They have indicated they have the information you sought. COMMISSIONER ABERNATHY: Are they here now? MS. MURRAY: Yes. CHAIRMAN ABERNATHY: Let's go back to that. We are back to Petition CU-2001-AR-1255. Sir. MR. PALMER: For the record, Tom Palmer, assistant county attorney. We have acquired leases that have been entered into by the Golden Gate Fire Rescue District described as 100 -- from 130 feet plus or minus to the top of the tower. The tower is occupied by agreement for at least -- initial term of 5 years and 4 years automatically renewable for 5 years. So the conceptual lease is essentially a 25- year lease. And there is -- that is if the tenants wants to stay on there, he stays on there unless he notifIes the district he wants to get off, 90 Page 110 -- Agenda Item No. 12A U February 26. 2008 CPage 112 of 133 C February 12,2002 , i the adoption of this ordinance amendment in front of you does not, in any way, change the scope and the -- of the original provision that was adopted back on October the 9th. Anyone who wants -- any , I entity that wants to come forward from this day forward and -- and , ! apply for a waiver still has that opportunity to do so. This really only , affects those two agencies that we discussed on January the 8th. , , CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: So I make a motion to accept. CHAIRMAN COLETTA: And I'll second it. And is there any discussion? (No response.) CHAIRMAN COLETTA: Okay. AU those in favor indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. Opposed? COMMISSIONER COYLE: No. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: 3 to 2. It passes. Thank you. MR. TINDALL: Thank you, Mr. Chairman. Item #8D ORDINANCE 2002-07 RE PUDA-2001-AR-1494, KAREN BISHOP OF PMS, INC. OF NAPLES, REPRESENTING KENCO DEVELOPMENT, INC. REQUESTING A REZONE FROM PUD TO PUD TO BE KNOWN AS THE RICHLAND PUD FOR THE PURPOSE OF REDUCING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 650 TO 400 AND INCREASING THE COMMERCIAL ACREAGE FROM 21.8 ACRES TO 23 ACRES t Page 154 L..J.. --,-""._--_._-"'~-,. ._.'--r---'.'--'- "'. ..,-.,---.--^" Agenda Item No. I LA I I j February 26, 2008 , Page 113 of 133 February 12,2002 I ' , FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER , OF IMMOKALEE ROAD AND COLLIER BOULEY ARD- ADOPTED WITH STIPULATIONS AS AMENDED CHAIRMAN COLETTA: And now we move on to -- COMMISSIONER FIALA: 8-D. 8-D. CHAIRMAN COLETTA: Yes,8-D. Well, actually, I don't know if they're ready. We'll go to 8- D first. Well, do we want to finish up? Are you ready to finish now? MS. BISHOP: Well, he's with me. CHAIRMAN COLETTA: We continued that to another . meeting. Not to that-- COMMISSIONER COYLE: We can do that today. CHAIRMAN COLETTA: We could do that again just for practice. -, Okay. We're at Item D. Karen Bishop, Naples Kenco / Development and the rezone. MS. BISHOP: That's us. (The oath was administered.) CHAIRMAN COLETTA: Any disclosures on the part of the commissioners? COMMISSIONER HENNING: Yes. I watched the Planning Commission on this item, and I also talked to a lot of constituents that are in this PUD of Pebble Brooks. COMMISSIONER COYLE: And I have talked with Ms. Bishop about this issue. COMMISSIONER FIALA: And I have talked with Karen Bishop about this issue. This is the same as Pebble Brook; right? It keeps saying Richland, but it is Pebble Brook; right? MS. BISHOP: Yes, ma'am. COMMISSIONER CARTER: I met with the petitioner. ) Page 155 I I --- '!I- genaa em o. February 26, 2008 Page 114 of 133 February 12, 2002 II CHAIRMAN COLETTA: And I also have. Mr. Bellows. MR. BELLOWS: Good afternoon, Commissioners. For the record, Ray Bellows. Before I get into presentation, I'd like to hand out some information I was requested to give out. COMMISSIONER FIALA: You know we can't read it now; right? Unless you want to give us a few hours here. : COMMISSIONER HENNING: I don't even know if I want to , accept that because that is more than -- MR. BELLOWS: It's just one page change. I just included everything. COMMISSIONER FIALA: Oh, I see. CHAIRMAN COLETTA: Do you think in the future, Mr. Bellows, we might be able to receive this possibly the Friday before the meeting? i - MR. BELLOWS: Yes. COMMISSIONER FIALA: What's the page change? , MR. BELLOWS: The page change deals with the transportation , ! section of the PUD document, and I'll give you that page here. It's page 6-3. The reason I provided you with the entire PUD document is that it affected the pagination of the rest of the pages, so I felt it was easier just to give you a complete set. The last stipulation was added. It was a request that came from the Planning Commission dealing with the phasing of the development. It's referenced in the executive summary, and we'll get : : I' into it during the presentation. , Okay. For the record, Ray Bellows. The petitioner is requesting , I to amend the Richland PUD. As you can see on the visualizer, the I subject side is located on the southeast comer of the Immokalee Road I and Collier Boulevard. The PUD is partially developed residential in the southern area which is well underway of construction and mostly developed. The commercial-tract phase, the first phase, is under Page 156 Ht " ._~~~."- ~-.....----~-" . ._,---~"._- - - --~g~~~a liem NO-;2A-!T1-- February 26, 2008 i : Page 115 of 133 I! February 12, 2002 construction and completed, contains a Publix supermarket. The 'I request is to increase the size of the commercial tract area by approximately 1. -- or 2.5 acres, and I have that shown here on the I master plan. This is the currently approved master plan, and the area to be added is the shaded area. This is a residential tract. Both now become a part of the commercial tract. MR. OLLIFF: I think it's 3.2 acres. MR. BELLOWS: 3.2 acres. Thank you. This is the -- would be the revised master plan resulting from the increase in commercial acreage. The applicant is requesting to increase the commercial tract -- square footage allowed in the commercial tract from 150,000 square feet to 231,000 square feet. And they're also reducing the number of dwelling units, let's see, from 400 units or from 650 units to 400 units. The traffic-impact study indicates that the project trips will not have a significant impact on the Collier Boulevard or Immokalee / Road based on current approved standards in the Growth Management Plan. The difference in site-generated trips, the petitioner has submitted a traffic study that shows that the difference in trips versus what can be generated currently under the current zoning versus what can be generated under the proposed amendment is negligible and will not result in significant increases in traffic. The environmental-impact review indicates that there were no significant impacts to the project based on this change of the environmental preserve areas. You can see depicted here will not be I impacted by this proposed amendment. The Collier County Planning Commission reviewed this project on January 17th, and they recommended approval by 7 to 0 vote with one abstention. The concerns that were raised during the Planning Commission basically dealt with some of the land uses approved in the PUD. The '\ / Page 157 ii H- -,---~,-~--'^. ~---,---- February 26, 2008 I j Page 116 of 133 - February 12,2002 petitioner agreed to eliminate some of those uses and -- and this is within an activity center. And most of the uses in there were carried over from previous approvals before the Board of County I , Commissioners. And staff is supportive of the uses that are currently , I within the PUD document at this time. The issues that were involved, landscaping, the petitioner agreed to provide landscape language on the master plan. We also had a requirement to provide an interconnect from the commercial tract -- from the residential tract into the commercial tract. This interconnect would have a sidewalk on one side and metal gate. The Planning Commission recommended a metal gate. The petitioner felt that the gate should be similar to the other gates within the development, a wooden gate. But the request of the Planning Commission was that this gate -- gated-entry feature into the commercial tract be a metal gate. The other issues that came up were -- dealt with landscape buffer between these two tracts, and the petitioner has submitted conceptual or a site plan dealing with the landscaping. As you can see, it deals with a 6-foot-tall wall with vegetative berm and elevation view of the wall and the plantings. We also have a cross-section showing the berm and landscaping. Staff was also recommending that the building heights be restricted. And that came up in the Planning Commission. that we limit the building heights to 35 feet for any structure within 60 feet of the residential-tract boundary line. That is --.it came up during the Planning Commission meeting. Staff is recommending approval. I have no further correspondence after the Planning Commission. Several people did show up at the Planning Commission to express concern about the development, and that's why it's not on the summary agenda. COMMISSIONER FIALA: Mine is a simple question. On page 1, very last sentence, it talks about the building height for any I Page 158 , It - --~~- ~~~ .._'-~"---~- ~-- ~ K February 26, 2008 Page 117 of 133 February 12, 2002 structure within 60 feet of the residential, but on page 13, I think. it is, II it has the same sentence except it says (as read): "Any structure I within 50 feet." So is it 50 or 6O? MR. BELLOWS: The PUD document references the 60 feet. COMMISSIONER FIALA: Sixty. COMMISSIONER HENNING: Some of the questions, the concerns in the Planning Commission meeting was the uses in the commercial districts. MR. BELLOWS: That's correct. COMMISSIONER HENNING: So summarize what the -- MR. BELLOWS: Yeah. We eliminated the -- some of the uses such as -- and we have a list here. I meant to get mine copied. But I we eliminated used-car dealer, boat dealers, gas dealers, drinking I places, laundry services, medical-equipment rental, car washes, TV repair, coin-operated amusements, furniture repair, refrigeration \ I services. Those were mostly found in the higher, like, C-5, C-4 type J I zoning. , COMMISSIONER HENNING: The -- the water retention or the water runoff, is that going to be in the Pebble Brook Lakes? Is that what -- MR. BELLOWS: Well, the amendment will not affect the currently approved water management system design. We can show on the master plan there's an existing water management system of lakes and things. The proposed change will not affect any of that. COMMISSIONER HENNING: Okay. That's all the questions I have, Mr. Chairman. CHAIRMAN COLETI A: Okay. I do have one thing. I guess it wasn't included in there. Tell me, no certificate of occupancy shall be issued for any commercial structure over the current-approved 1,500 -- 150,000 square feet maximum until the four-lane capacity of both Immokalee Road from Collier Boulevard to Wilson and on "- ./ Page 159 ._,-'- -,,----_.--,,--_._,,---,.---'_..- , . , ! I Agenda Item No. 12A February 26. 2008 Page 118 of 133 February 12, 2002 , II Collier Boulevard from Immokalee Road to Vanderbilt Beach Road is available. MR. BELLOWS: This was part of the handout I gave you. We included that language in the PUD document now. Staff originally did not have that as part of the staff recommendation because we base our recommendations on the Land Development Code and Comprehensive Plan. Right now the project as proposed is consistent with the currently approved land -- level of service standards for the county. The Planning Commission felt that any change, especially any increase in the square footage of the commercial, would have additional traffic impacts on Collier Boulevard and on Immokalee Road. Given the fact that construction is occurring on Immokalee Road and the two-lane nature of Collier Boulevard, they felt any additional traffic -- CHAIRMAN COLETTA: So this is a part of the document? MR. BELLOWS: Well, it's now part of the document that I gave you today. COMMISSIONER COYLE: It's the staffs recommendation. Have you agreed with it? MS. BISHOP: No. COMMISSIONER COYLE: Okay. That's what I wanted to get at. MS. BISHOP: It wasn't staff recommendation. It was the Planning Commission's recommendation, not staffs. MR. BELLOWS: Yeah, staff did not have it in there. We just put it in because we felt you should have a copy of it -- of the PUD i document with it in there in case that's the way the board decided to lean. COMMISSIONER COYLE: So you're not recommending it? , I , MR. BELLOWS: No. , COMMISSIONER HENNING: Can you support it? I Page 160 I: ._-----~_..-- ilL -_._~._-"'- -,._,.~. .~.ri Agenda Item No. 12A February 26,2008 Page 119 of 133 February 12. 2002 ' , , ! MR. BELLOWS: From a professional planning standpoint, I 'I don't think that's a wise -- to put such limitations on a project that was based on currently adopted codes. I think that would open us up to some real serious problems, and I think the county attorney should answer that question. MR. WEIGEL: And if I may. Thank you. A couple comments, in regard to the document that Mr. Bellows passed out to you. Please note that the cover sheet indicates that this is a -- the PUD prepared by Ms. Bishop's company, PMS, Inc., but what she had prepared did not have these two paragraphs, paragraphs 8 and 10 which appeared in 6-3 -- 6-3. Those were paragraph additions made by the Planning Commission as Ray explained to you. But I want to make it perfectly clear that the document submitted by Ms. Bishop that's been through I the review did not have those in there. Now, they were included as a -- just to make things easier to see , them in the context of where they would be, could otherwise have been provided in side sheets. And in response to Mr. Bellows' response to your question about the 150,000 square feet, the limitation on further -- was it building permits or COs -- the fact is, is that he's absolutely correct, that from the legal standpoint, it's nice if you can get agreement from the developer, owner in regard to that. But it appears that there are no violations of standard in place in regard to what they propose to do. You're not going into inconsistencies with the Growth Management Plan. We're not going into defIcits of level of service in the roadways. The standards that we have to review these things appear to all be copacetic. Now, I know that I have learned secondarily -- and either Ray or Ms. Wolfe can respond in regard to traffIc impacts and things of that nature. but of the many things that are looked at to determine compatibility and consistency with our standards. I'm told with the diminution of residential and the increase in commercial, that the ~ Page 161 ; i Ii , . , . ItL l- Agenda Item No. 12A ". February 26, 2008 Page 120 of 133 February 12, 2002 ' ' , I ,I: kinds of statistics which differ somewhat from the staff review and II the developer's provision. that they all fall within the standards that we look at that would not allow us from a legal standpoint to say, oops, this is a deficiency, we will deny you the ability to have the issuance of COso I don't see the basis there legally under the standards that we have, quite frankly. CHAIRMAN COLETI A: But the petitioner could request that it be put in. MR. WEIGEL: You can request anything. This is a bit of a negotiating process, but I will tell you that -- that it's not an appropriate demand. COMMISSIONER COYLE: They're not saying anything. CHAIRMAN COLETf A: I know. Dead silence in the room. I personally love it myself. _. COMMISSIONER HENNING: Can we go to the petitioner, please? MS. BISHOP: For the record, Karen Bishop, agent for the owner. I want to just go over this project a little bit and then rlllet Rich and the traffic guy address the traffic issues with you guys on a few things. This project was originally zoned in 1990 and this is now 2001 and that commercial has taken -- as I heard earlier today, some of the things take about 10 to 20 years to get developed. This is one of those that took over 10 years. When this was originally platted in 1997 the line for that commercial was determined at that point. If you read the documents, you guesstimate what your acreages are going to be; you guesstimate how much residents you're going to have; you guesstimate how much -- it's close, but it's not exactly that number. When we platted that line, we chose the line that you see there because it was a geometrical. easy way to stop. You look at our old master plan, which is what Ray was talking about, the 3.2 acres, I Page 162 , .' II ..-.---'- ,It ~. .'.h,___".... "'~~--,~.-'....- '..'- Agenda Item No. 12A i I ., February 26, 2008 Page 121 of 133 February 12, 2002 that wasn't geometrically a good place to stop. So we didn't take it JI farther into that tract, so that tract was designed and in place since 1997 all as commercial. The issue here before you is that when we originally did this ' I , PUD, we never -- actually, this was an older PUD, so the criteria for putting these things together was different. There was never addressed at that time the acreage changes. And what happened was, when we increased the acreages, we didn't increase the square footage on there. And so the reality is that what we're looking for here is the square footage to compensate for that extra commercial that we had determined during our PUD process before and platting process. And we now have put that in the document as a cap at 231 - - 231,000 square foot, which is about 10,000 square foot an acre which is typical for commercial uses. At the Planning Commission, when we went through the list, the , same thing happened that I saw earlier, is that Mark Strain diligently went through all these things and said, Are you really going to have these there? And, of course, no, we didn't intend to put a gas dealer there. We didn't really intend to put a boat dealer there. So we removed those uses out of the -- out of the activity center. However, I want to remind you, that is where these uses should go to some degree rather than have them spread all over. These activity centers are made for these kinds of intensities. We kept pretty much a I gambit of uses that gives the center the ability to be flexible for the future. If, for instance, we put in an insurance guy and then he doesn't make it, then we can bring in the mailbox guy who can -- you know, and then if he doesn't make it, then we can put in a watch repair guy. And if he doesn't make it, then the computer guy goes in. So you have these uses to allow for a successful activity center. We are the fIrst ones on the block in this activity center, so we're looking at this comer which is -- for all intents and purposes, is going , Page 163 , '. , - IT ~-_.- ---~ Agenda Item o. 12A February 26, 2008 Page 122 of 133 .-~~ February 12, 2002 : I to be developed out as planned on your comp plan, which is activity center uses. The density band which we have the ability to do a lot of density here, the market wouldn't allow you -- us to do that. Our density Which was at 650 which was still below the 7 units an acre, we have dropped down to 400 units. We actually only have approximately 351 built, but we've left about 50 units in there available if we go back. Instead of having single-family lots, we go with attached villas which are two units. That gives us some flexibility to change that, which means there's 250 units or 200 units that you guys can use for your workforce housing somewhere else that's not being utilized here. This isn't really complicated as far as the kind of thing we're doing. The gates -- I have a little bit of a problem with the metal gate. We have gates at the entrance, at both of our entrances. We - intend to put a gate here (indicating). One of the problems with saying it has to be a metal gate, you know, I worry about the maintenance. I worry about, you know, breakdown and -- you know, the wooden gates, whenever they come through our gate and someone breaks it, within a day somebody's got a new arm there and we've got it fixed and it's okay, but these metal gates are a little more complicated. So I kind of worry about that in itself. But, you know, if I have to live with a metal gate, then we'll do that. But as far as the CO, the building and the traffic issues, I can't agree to that. So we need to discuss that. I have my transportation here, Rich Y ovanovich here to discuss those issues, and Dawn Wolfe is here also. That's the problem we have. This project would -- I would lose the ability to utilize this based on having to wait several years, which is essentially what we're talking about here for -- for that -- that improvement to be in place. COMMISSIONER HENNING: Before you go away, Ms. Bishop -- I Page 164 -----,_.,--- :11 ~~-~----- ._--------,._--,..- '-"-T ~ -, \j . IL cebruary 26,2008 Page 123 of 133 February 12, 2002 , MR. BELLOWS: Yes, sir. CHAIRMAN COLETTA: Water retention that's going to go into the lakes, showing here into the residential. MS. BISHOP: The water management system for the whole project was constructed - I would say the final piece which is this lake here -- that final piece was constructed two years ago so the overall -- this is an overall water management system. All water from the commercial system goes through the lakes. It has to meet water-quality standards. We have a controlled elevation of about 13 112, and since I live right next to the outfall structure, there's never been water gone out that. So all the water on this site literally stays on this site. COMMISSIONER HENNING: Thanks for answering my question. So then I must ask you, what's going to happen here is the residents are going to take over the residential area, homeowners , association. and then commercial is going to be a different entity. MS. BISHOP: They are all a member of the same association. It's a master association. COMMISSIONER HENNING: Okay. So they would share in the maintenance of the water retention areas? MS. BISHOP: Yes, sir. They do. They have 25 percent based on their area of land and what their uses are. They have 25 percent commitment to -- to the cost of maintaining those facilities. COMMISSIONER HENNING: Okay. Let's go to the gate to interconnect with the residential. Is that going to be constructed in __ next to a house or is it -- MS. BISHOP: No, sir. What we've looked at is, we have that 30-foot buffer that we have offered up between the residential homes. If you'll look on your buffer plan, which I believe was provided to , Page 165 i I _.___,__. u. -- Agenda Item No. 12A February 26,2008 Page 124 of 133 ' . , ' ,. - February 12, 2002 , II you, we will move that gate to the inside of that buffer so that there's not a gate right next to Lot 66, which the woman that owns that has children, and she expressed to us that she didn't want to see that gate there next to her. So we agreed to move that gate within that 30-foot landscape buffer so that there is stacking available at that point. So if we move it right to the edge of the landscape buffer on what would be the northern edge of it, then you've got 30 feet there for stacking which you can certainly get a car and a half in there. And, of course, we're looking also to do some traffic-calming things in this neighborhood, because we have those loop roads and you can get up to some pretty quick speeds. So I envision this road to have at least one speed bump on it and that that gate will be farther out there. We'll also be interconnecting the sidewalks so that you have pedestrian access also to the commercial. - COMMISSIONER HENNING: And the comments that I got from the residents in the area mainly had to do with some of the commercial uses, and -- and I think that was taken care of in the Planning Commission. MS. BISHOP: Painfully, but true. COMMISSIONER HENNING: What about United States Postal Group 4311? Is that still in there? MS. BISHOP: Yes, it is. And that was not objected to by the -- by the homeowners. COMMISSIONER HENNING: We're not done yet. MS. BISHOP: Okay. COMMISSIONER HENNING: So 4311 is a major distribution center. I mean, I don't have any problem with all the other identifIcation -- code identifIcation in the postal group, but 4311 is the major postal. MS. BISHOP: It's history. COMMISSIONER HENNING: Okay. And I haven't gone I Page 166 -'-" tL ------'.. --,,~----~._". A!:J~j IUd Hell ., February 26, 2008 Page 125 of 133 February 12, 2002 through all the other uses, so I might continue later on. There is one more. The last one, 28 (as read): "Any other uses which are compatible in nature in foregoing uses permitted by the planning service director." MS. BISHOP: That's typical language. COMMISSIONER HENNING: I know it is, and it typically gets us in trouble. MS. BISHOP: That's because what happens is -- and I appreciate the fact that it has gotten you in trouble. It doesn't typically get you in trouble, but it has gotten you in trouble, and I can only think of one example, maybe two. COMMISSIONER HENNING: I can think of plenty of them. MS. BISHOP: But, typically, what you have is you have these SIC groups changing, and they change their names and, you know, what -- like, Mailboxes, Inc., that wasn't even a business ten years , ago. Now it's a business. So what it's intended to do -- and if it's not specifically listed in here, then, even though it may be compatible, I can't -- I can't access it or utilize it because it's not specifIcally -- specifIcally listed unless I come back to a public hearing to add one use, so there's where that goes. COMMISSIONER HENNING: Do you mind removing that, and if there is a use that does -- a new use that does pop up, which I can't imagine there is, that you can come back and do a PUD amendment for that use? MS. BISHOP: I'm not going to suggest that's something I'm going to argue about so ... COMMISSIONER HENNING: I see a shake -- head shake. MS. BISHOP: I would rather not take it out, but -- because a I PUD zoning amendment for just one use seems to be, in all due respect, a waste of your time. But if that's -- means that much to you, " I / Page 167 -~--- , Ii gen a em 0.' February 26. 2008 Page 126 of 1 33 February 12,2002 then -- then rll remove that section from there. I have a gambet of i lists here, and in theory this should cover it. So I will be happy to do that. , I COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: I just want to make sure I understand what we're doing here. You're reducing the number of residential units and you're increasing the square footage of commercial space. Residential units generate trips. Commercial space collects trips. MS. BISHOP: Attracts. COMMISSIONER COYLE: Attracts trips. But much of the attraction you expect to be from existing passing traffic. That's what the planning staff tells me. So on balance, we are not increasing the traffic burden on the roads. Is that a correct statement? MR. BELLOWS: That's the information that is in the information submitted by the applicant. Our internal staff made an estimate of a slight increase of traffic. I don't know if transportation department has their own figures. MS. WOLFE: Dawn Wolfe, transportation planning department director, for the record. We did do an evaluation of both the information submitted by the applicant as well as our own internal calculations, and generally speaking, there will be a net reduction, as we tried to explain, out under the Growth Management Impact section of anticipated gross new trips out on the network. A lot of the trips that would be associated, quite frankly, with the increased commercial area are already out there on the system seeking destinations closer into the urban area. So even though in some case you may have, instead of just going on a Saturday, you're now going on a Saturday and a Wednesday. Those trips would otherwise still be on the network system and a large portion of them, due to the fact II Page 168 'i, , '_m..__ ___._.0___,__ ~--,~-_..- ----...- .__..,..'------~ ^-"----_.,"--~-'^--- I Agenda Item No. 12A February 26. 2008 Page 127 of 133 February 12, 2002 that this is a very isolated opportunity for major commercial on the way out to the Estates and to Immokalee, where there's few other opportunities for major shopping opportunity, that you're going to see actually a net reduction to other roadways within the transportation system. such as Immokalee Road west of951, Vanderbilt Beach Road, sections of Collier Boulevard south of Vanderbilt Beach Road. Because now the receiver of those generated trips, those which are generally created by residential units, can now be satisfied closer to home. COMMISSIONER COYLE: So the net effect is we're not placing a bigger burden on our roadways? MS. WOLFE: Theoretically, yes, and I do believe that you will be seeing a reduction on other sections of road, although functionally and from an operational-impact point, just directly adjacent to the development, there's going to probably have to be some additional improvements, but fortunately where those operational movements occur, the county has completed a large portion of the four-laning improvements that will also be connected into and under our program in the next three years. So we see four-laning across the majority of the commercial frontage, the ability to put more traffic to and through without impeding the flow. COMMISSIONER COYLE: The -- the Planning Commission has made a recommendation which I think makes a lot of sense, but -- but I'm afraid we're missing something here. If it's not going to increase traffic on the roads, why would there be a need to phase the I development to provide additional -- to the process of providing ! additional capacity? MS. WOLFE: We, as staff, were requested by the Planning Commission to generate the language which is now contained in the document before you. Based on the fact -- and we did state this fact, what we believed to be a fact of the technical analysis, that there , Page 169 -~-------- ---- - , I I ! February 26, 2008 Page 128 of 133 - February 12, 2002 would not be a net overall increase. There's going to be more trips out there. They still have residential units to build -- how the traffic moves around, because not all the commercial is built yet, is you're going to see more traffIc entering onto the site. But a lot of it's already out there on the road and we tried to explain that. And under our current Land Development Code and Comprehensive Plan, we have certain measures that we have to test against. This application- _ this change has passed those measures, but we do have a level of , service problem out there. But we have, at the board's action in December, programmed those deficiencies, not directly at this intersecting location, four major capacity improvements. It's -- a lot of it is a perception issue. South of this area you have one too many cars trying to make a left turn where you don't have a left-turn lane. All of a sudden, we go from a Measured Service B to a Level of Service F instantaneously. And -- but a lot of it is a perception issue. And, yes, this is kind of a negotiating deal and a lot of individuals' perceptions, I believe, lead to the fact that we see a problem, an incident occurs. Traffic backs up immediately. It takes an hour and 45 minutes to get from the Estates into town. Everyone's hearing it. Again, we all experience it. And although we say we're meeting all the criteria, saying that we're going to start a road construction three years out still leaves a lot of people hesitant in reviewing and saying, go ahead and build something. This case is -- and I think you'll not often find me citing or recommending conditions for the applicant, but we do have a lack of retail and shopping opportunity out in this area. Therefore, that means the system within the urban area that's already overburdened and we're trying to catch up on has to take on these retail and shopping-opportunity trips as well as employment. We've now moved one of those commercial opportunities closer to where the residential trips are. I Page 170 'Ii ---. ^~--'--'----- _u_ 1_ ._ -,,-,-~--_."",~ -~.._--~-,"." .-...~~._,-'"._. 'Ii , I " February 26, 2008 Page 129 of 133 February 12,2002 So one of the arguments of, if I build more, I have less impacts on the roadway system -- well, I'm building more closer to where the need is at, so I'm helping out the system somewhere else. I don't know how else to say -- it comes down to a perception issue. Yeah, you're going to see a little bit more conflicts right around that location, but we've got some improvements out there, and I think the improvements that have been opened up to traffic have improved the flow of traffic and made things easier for the individuals living out east of951 specifically a lot. We've got that traffic signal operating better at 951, and we've extended those improvements south of 951. So we have dual turn lanes coming off of 951 and the like. So it's very difficult to say and these reports -- we go, Well, it's a Level of Service B today, but tomorrow it can be a Level of Service F because on a two-lane road it's that quick, to go from a B to an F. COMMISSIONER COYLE: So bottom line is that -- your feeling is that there isn't sufficient impact on the roads to warrant a provision to phase this in? Although, I don't think it makes a lot of sense, but you don't think the data supports that. MS. WOLFE: The data does not support phasing this project in. CHAIRMAN COLETTA: If I may weigh in on this, because we're talking about District 5 that's going to be impacted by this and they will be impacted favorably, the Publix market in the shopping plaza going down where -- at Pebble Brook there, now on the comer of 951 and Immokalee, is making a big difference to the people out as far as OrangeTree and beyond. And as you probably know, we are working on commercial entities out in the Estates, but because of the population density being what they are, we can't expect major markets to be in there the next couple of years. And there's a need for services, and that's one of the things the master plan has been working on. Even though they'll come up with the solutions of where , Page 171 --- .-- IL -. - ~--- ---- , Agenda Item No. 12A I i I February 26,2008 Page 130 of 133 -. February 12,2002 I they can go doesn't mean they're going to go in there in the near future. And also, too, keep in mind that 951 is kind of unique in the fact that one side of the road is more or less determined to be commercial, the other side of the road isn't because of the -- just the general layout ; i with the canal and the Estates use, you get all the way down to Davis Boulevard and all that. So this is an opportunity to improve the lives of the people that live out there in the eastern part of Immokalee , Road. i COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Yeah, Commissioner Coletta, I agree that commercial is predominantly on one side of the road, and what we need to do is put some more affordable-housing opportunities on the other side of the road so that they have a place to work. CHAIRMAN COLETI A: I agree with you, and I think that lays true with the whole county as a whole, that we need to distribute it throughout the county and not put the total burden on one side of Immokalee Road or Golden Gate City. I think Commissioner Coyle ! is going to come up with some good ideas for us in his neighborhood. COMMISSIONER COYLE: I think, based upon our discussion, I've already solved the traffic problem. All we need to do is build one of these major developments at every large intersection and -- and we've solved the traffic problem. MS. WOLFE: I actually don't find so much humor in that statement because through the years working at the local, state and back at the local level, I've often had that proposed to me. Well, the more trips I have, I end up having a negative impact, and you can go way too far one way. COMMISSIONER COYLE: I was -- I was being facetious. You understand that, don't you? I Page 172 11f- - -- -_...'---'- .."'--,~--,_...- - - -- -----..----._- ----,-- --- Agenda Item No. 12A ji February 26. 2008 Page 131 of 133 February 12,2002 MS. WOLFE: Well, no. I've had applications come forward '1'1 ! that have said absolutely that, and I said, No, I don't think we're going to go in that direction. But this seems -- this is a different animal. But I -- I -- believe me, I truly appreciate your statement on that one, and we want to be cautious as we go forward with these and look at them individually as to what truly benefIts or detriments they pose to the community. COMMISSIONER COYLE: Thank you. COMMISSIONER HENNING: Mr. Y ovanovich is only going to address the issue -- that one issue of the Planning Commission. I don't think that we're going to go there. MR. YOV ANOVICH: Well, I'm happy to not relive an earlier experience from today, so it's like Groundhog Day. COMMISSIONER COYLE: If you'll save that lake at Goodlette Comers. MR. YOV ANOVICH: I was going to use your statement about having a major commercial on every comer to my benefIt when I come back in two weeks. CHAIRMAN COLETTA: Actually, when you come back, we're going to ask you to stock the lake. Is there any public speakers? MS. FILSON: Rich Y ovanovich, and he just spoke. CHAIRMAN COLETTA: That's it? MS. FILSON: That's it. CHAIRMAN COLETI A: Well, the Planning Commission must have done an excellent job with the public. , I MS. BISHOP: Excuse me. I do need to put on the record, there , are some -- little things in the documents, some references to ordinances and things that need to be cleaned up, and I've agreed to do that with Marjorie. MS. STUDENT: It's just technical stuff so -- Page 173 ,11- --- .._--~,- , I ----~-~-------rT" I ,I [-_ Agenda Item No, 12A ' : February 26, 2008 Page 132 of 133 February 12, 2002 CHAIRMAN COLETI A: We really wouldn't understand, would we? MS. BISHOP: We won't confuse you with the plats. CHAIRMAN COLETI A: Commissioner Carter, is there something you would like to add to this? COMMISSIONER CARTER: No, sir. CHAIRMAN COLETTA: Just sitting back enjoying the show; right? COMMISSIONER CARTER: Oh, yes. COMMISSIONER HENNING: Commissioner Coletta. CHAIRMAN COLETTA: Yes, go ahead. COMMISSIONER HENNING: If you would close the public hearing. CHAIRMAN COLETTA: Yes, I would. Close the public hearing. COMMISSIONER HENNING: I make a motion that we approve it with staff stipulations, Planning Commission stipulations except for the number of square feet dealing with the capacity out there as that it clearly has demonstrated that it's going to decrease traffic instead of increase traffic. And two other things noted in the -- the uses. Use 25, United States postal group, I would like it to say, "Except for 4311 and include those other two postal uses that are in a C-3 -- predominantly C-3, and removing Use 28, which is any other comparable use." CHAIRMAN COLETTA: That's your motion? COMMISSIONER HENNING: Yes, sir. CHAIRMAN COLETTA: Okay. I have a motion. Do I have a second? Okay. I have a second from Commissioner Coyle. Thank you. Is there any other discussion? (No response.) CHAIRMAN COLETTA: Okay. Take a vote. All those in L Page 174 ..--- _'0.._'_'" ."--- ~- -- - - - --- ------ ---._--- - . , . 'L/'\ ! : February 26. 2008 Page 133 of 133 February 12, 2002 favor indicate by saying aye. (Unanimous response.) CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: Okay. The ayes have it 5 to O. Thank you. MS. BISHOP: Thank you. COMMISSIONER HENNING: Oh, you know, by the way, disclosures. I did talk. with Karen Bishop. MS. BISHOP: Yes, you did. Everybody. I spoke to everybody. COMMISSIONER HENNING: Okay. Item #9A I STAFF DIRECTED TO REPEAL THE EXISTING ORDINANCE REGARDING THE COMMUNITY OF CHARACTER COUNCIL ORDINANCE CHAIRMAN COLETTA: Moving on to 9-A. Commissioner Coyle, you're on. COMMISSIONER COYLE: Yes. The -- the Board of County Commissioners established a Community of Character Council sometime late last year before I came on -- on the board, and it's my belief, in talking with legal counsel and others, that an error was made in designating a member of the Board of County Commissioners as a voting member of this particular council. Doing so essentially places that council under the Sunshine provisions. Secondly, there's another complication. The board has not-- , and I don't think there's any likelihood they will allocate funds for the I purpose of carrying out the functions of the Community Character Council; and, consequently, the council itself will have to do a lot of Page 175 I - -- - I,