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Title: __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present:
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Page 1

BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 494


OCTOBER 19, 2011


A Meeting of the Board of Lee County Commissioners was held on this date to conduct a continuation
of a September 28, 2011 Public Hearing to consider Adoption of the 2010/2011 Regular Lee County Comprehensive
Land Use Plan (Lee Plan) Amendment for CPA2010-06: Pine Tarr, LLC., with the following Commissioners present: 


Frank B. Mann, Chairman
John Manning, Vice Chairman
Ray Judah
Tammara Hall
A. Brian Bigelow (arrived at 9:34 a.m.)


ON FILE IN THE MINUTES OFFICE: COVER MEMORANDUM FROM DEPARTMENT OF COMMUNITY
DEVELOPMENT PLANNING DIRECTOR PAUL O’CONNOR, AICP, DATED SEPTEMBER 16, 2011. 


1.  Call to Order; Certification of Affidavit of Publication


The Chairman called the meeting to order at 9:30 a.m. Chief Assistant County Attorney Donna Marie
Collins approved, as to legal form and sufficiency, the Affidavit of Publication, and briefly reviewed the status of this
item. 


2.  CPA2010-06: Pine Tarr, LLC. Amend Policy 14.1.5 to permit clearing of wetlands in accordance with an
approved Environmental Resource Permit for commercial planned development twenty-five acres or larger. 


Community Development Principal Planner Matt Noble provided a progress update following the September 28
hearing, and advised that staff’s recommendation was to adopt Revised Policy 14.1.5 as reflected in the Errata Sheet
(on file in the Minutes Office). Representing the applicant, Attorney Matt Uhle indicated satisfaction with the staff’s
recommendation, and responded to Board questions. The Chairman called for public comment and the following
persons came forward in opposition to the amendment: 


Conservancy of Southwest Florida representative Jeremy Frantz
Greater Pine Island Civic Association representative Phil Buchanan


At the request of Commissioner Manning, Chief Assistant County Attorney Donna Marie Collins confirmed that if
deferred for another 30 to 60 days, this matter would not have to wait until the 2013 cycle. Commissioner Manning, 
moved deferral to a date certain not to exceed 60 days, with everyone working together on language that would keep
the integrity of the Pine Island Plan intact while allowing some beneficial development to occur. Attorney Collins
advised that an amendment could be adopted anytime within 180 days of final transmittal approval by the reviewing
agency. Commissioner Hall recommended approving the private amendment now, with consideration of the more
global issues to be taken up later. Following input by Community Development Planning Director Paul O'Connor and
further Board discussion, Commissioner Hall seconded the motion to defer. There was Board consensus that staff
would retain their professional recommendation protocols while the Board would retain its option to overrule any
recommendation. After further commentary and clarification on the staff’s position by Attorney Collins, the motion
maker and seconder agreed that staff would re-advertise the hearing to sometime before the December holiday break, 
and the motion was called and carried. 


The Chairman adjourned the meeting at 10:04 a.m. 


ATTEST: 
CHARLIE GREEN, CLERK


__________________________
Deputy Clerk 
_____________________________
Chairman, Lee County Commission


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