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BOOK - 2011R - B.O.C.C.------------------------------------
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JUNE 13, 2011
A meeting of the
was held on this date to conduct a Public
Hearing for transmittal consideration of proposed 2010/2011 Regular Lee Plan Amendments to the Lee County
Comprehensive Plan to the Department of Economic Opportunity and several other newly-identified reviewing
agencies, with the following Commissioners present:
ON FILE IN THE MINUTES OFFICE:
FROM THE LOCAL PLANNING AGENCY (LPA)
1. Call to order; Certification of Affidavit of Publication
The Chairman called the meeting to order at 9:31 a.m., and advised of the procedure that would be followed. Chief
Affidavit of
Publication for this Public Hearing,
and advised that, due to recently enacted legislative amendments, there would no
longer be a sign-in sheet for citizens requesting advance notice of intent. Ms. Collins outlined the new review process
that is effective immediately, and requires an adoption hearing be scheduled within 180 days from receipt of review
comments. Ms. Collins responded to brief Board questions and comments, pointed out that public comment on plan
amendments now go to the County Planning Division for compilation, and noted she was preparing an instructive
memo on the new process which will be posted on the County website. It was pointed out later, during public
comment, that the advertisement had not separated Consent and Administrative items on the agenda.
2. Public Comment on Consent Agenda
The Chairman called for public comment on Consent Agenda items, and the following individual came forward:
3. Consent Agenda Items to be pulled for Discussion by the Board
Commissioner Hall - none
Commissioner Manning – none
Commissioner Judah – 6-B
Commissioner Bigelow – none
Commissioner Mann - none
4. Motion on the Balance of Items
Commissioner Hall moved transmittal of the balance of Consent Agenda items, seconded by Commissioner Manning,
called and carried.
5. Consideration and Motion on Items Pulled for Discussion
FOR ACTION TAKEN ON CONSENT AGENDA ITEM 6-B, REFER TO THE APPROPRIATE SECTION OF
THE MINUTES
6. Consent Agenda:
A.
CPA2010-04:
Service Areas Map, to provide sanitary sewer service to an approved multi-family residential development and two
commercial properties.
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
B.
CPA2010-07:
. Amend the Future Land Use Map Series, Map 1
to change approximately 15.56 acres of land designated Suburban to Industrial Development and Conservation Lands
Uplands and Conservation Lands Wetlands.
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PULLED FOR DISCUSSION
Following response by Principal Planner Matt Noble to the question of a provision to mandate the bridging or
elevation of any future roadway over creeks in this area, Commissioner Judah moved approval to transmit, seconded
by Commissioner Manning, called and carried.
C.
CPA2010-08:
Southwest Florida International Airport Non-Aviation Development Update.
Amend
Lee Plan provisions specific to the development of the Southwest Florida International Airport and Table 5(a)
Southwest Florida International Airport Development Schedule to modify the development parameters allowed within
the future non-aviation areas at the Southwest Florida International Airport.
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
D.
CPA2010-12:
Conservation Lands Update.
Amend the Future Land Use Map Series, Map 1 by updating
the Conservation land use categories.
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
E.
CPA2010-14:
Mixed Use Overlay Update.
Development Code Chapter 32: Compact Communities; Adopt Lee Plan Policy 4.2.7 and revise Objective 6.1 to
exempt commercial development within the Mixed Use Overlay from the site location standards of Lee Plan Policy
6.1.2 when implementing the provisions of Chapter 32; Amend Lee Plan Map 1, Page 6 the Mixed Use Overlay to
match the Lehigh Acres Downtown Specialized Mixed-Use Node.
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
F.
CPA2010-16:
Remove Duplicate Boca Grande Goal.
Remove the duplicate Boca Grande goal from the
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
G.
CPA2010-19:
Recreation Facilities Standards Update.
Amend Objective 79.1, Objective 82.2,
Objective 83.2, Policy 83.2.1, and Policy 95.1.3 concerning the Non-Regulatory Level of Service Standards for boat
ramps, water access, and community recreation standards.
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
H.
CPA2010-21:
Beach Renourishment Resource Protection.
Amend Policy 113.3.1 to clarify that beach
renourishment sand sources should be identified and protected.
Commissioner Hall moved approval to transmit, seconded by Commissioner Manning, called and carried.
7. Administrative Agenda, Consideration and Motion for each Item.
A.
CPA2010-06:
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.
Division of Planning Senior Planner Brandon Dunn reviewed the amendment request, and advised that staff
recommends denial due to precedent setting negative impact to the wetlands. Principal Planner Matt Noble responded
to questions from Commissioner Judah. Attorney Matt Uhle with Knott, Consoer, Ebelini, Hart, & Swett spoke on
behalf of the applicant, and stated the issue in this matter was whether the Board should revise Policy 14.1.5 to add
appropriate flexibility. With the use of an overhead projector, photos were displayed and Attorney Uhle requested
transmittal with a mandate to continue working with staff and the Civic Association on language specificity. Banks
Engineering representative Tom Lehnert provided and addressed two site plans on behalf of the applicant. He
addressed issues the applicant would encounter with the current wetlands configuration, and also what incentive a
developer might have to clear a wetlands area.
The Chairman call for public comment and the following concerned citizens came forward:
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Chief Assistant County Attorney Donna Marie Collins responding to the question by Commissioner Manning
provided options on the possible deferral of transmittal to the next cycle to allow for more discussion on revision of
the current language. Discussion ensued on the larger issue of incentivizing protection of wetlands in any
development process. Commissioner Manning moved to transmit with a caveat to scrutinize the language in policy
14.1.5 along with the affected parties, prior to consideration for adoption. Commissioner Hall seconded the motion,
and following further discussion, including that the issue of commercial zoning must be reviewed at the adoption
hearing, the motion was called and carried.
CHAIRMAN MANN REVIEWED THE PROCESS AND TIME LIMITS IN FAIRNESS TO EACH PUBLIC
SPEAKER FOR THE FOLLOWING TWO PLANS THAT WERE HEARD SIMULTANEOUSLY. ACTION
TAKEN CAN BE FOUND AT THE END OF PUBLIC COMMENT AND BOARD DISCUSSION.
Adopt the proposed
North Olga Community Plan and the Northeast Lee County Planning Community Goal and subsequent provisions in
response to community planning efforts.
Amend the Alva Community Plan in
response to community planning efforts.
Planning Division Principal Planner Kathy Ebaugh summarized the above two plan applications which she described
as connected and the staff recommendation to have one inclusive area, entitled Northeast Lee County, with separate
goals, objectives and policies for North Olga and for Alva. Waldrup Engineering Consultant Alexis Crespo,
representing the North Olga Community Planning Panel, reviewed the plan and addressed the public input process of
the last two years, and actual changes made to the plan as a result of public input. Consultant Jerry Murphy,
representing Alva, Inc., indicated they were in substantial agreement with the staff report; and in addition proposed
alternative language to the proposed Policy 34.2.2.
Discussion ensued on the proposed language with input by Chief
Assistant County Attorney Donna Marie Collins and Division of Planning Director Paul O’Connor. Attorney for the
North Olga Community Planning Panel, Richard Pringle, addressed the Board on the history and areas of agreement
with staff.
The Chairman called for public comment and the following concerned citizens came forward:
President of Alva, Inc.
spoke in support of the Alva Community Plan
spoke in support of the NOCP
opposed the NOCP organizational by-laws
spoke in support of the Alva Plan and NOCP
spoke in opposition to NOCP organizational by-laws
spoke in support of the Alva Plan and NOCP
spoke in support of NOCP
Rob Ogdin
spoke in opposition to NOCP organizational by-laws
spoke in support of NOCP
Dena Rogalsky
spoke in opposition to NOCP organizational by-laws; and read
Gary & Jennie Hertling,
and
in support of the NOCP
spoke in support of NOCP and Alva Plan
spoke in opposition to the NOCP organizational by-laws and read
letters also in opposition from
and William Hollenback
spoke in support of the NOCP
Bayshore Community resident
spoke in opposition to NOCP organizational by-laws
spoke in support of the NOCP
Richard Maling
spoke in opposition to NOCP organizational by-laws
spoke in support of the NOCP
Frank Musco
spoke in opposition to NOCP organizational by-laws
Buckingham resident
Manny Flint
spoke in support of the NOCP
Concerned Citizens of Bayshore Community President
Steven Brodkin
spoke in opposition to NOCP
organizational by-laws
Nick Armeda
spoke in support of the NOCP
Debbie Jackow
spoke in opposition to the NOCP and its organizational by-
laws, and in support of the Alva Plan
Alva resident
spoke in support of the NOCP and read a note also in support from North
Olga landowner
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spoke in opposition to the NOCP organizational by-laws; and read a
letter of opposition to the NOCP organizational by-laws from his wife,
Susan
Shoemaker
Suzanne Armeda
spoke in support of the NOCP
spoke in opposition to the NOCP and its organizational by-laws
Adrian Povia
spoke in support of the NOCP; and read a note also in support
spoke in opposition to the NOCP and its organizational by-
laws
spoke in support of the NOCP; and read a letter also in support
from
Dan Kreinbrink
spoke in support of the NOCP
spoke in opposition to the NOCP and its organizational by-
laws
Following a short break, the Chairman called the meeting back to order with all Commissioners present.
Alva resident
spoke in support of the Alva Plan and in opposition to the NOCP and its
Melinda
Brown
expressing opposition to the NOCP and its organizational by-laws while
supporting the Alva Plan.
spoke in support of the NOCP
Alva resident
spoke in opposition to the NOCP; and read letters also in opposition to
and
Attorney
Neysa Borkert,
with the Pavese Law Firm, representing the English Family Entities, spoke in
support of the NOCP while reading certain policy and goal language
modifications into the record.
Planner Kathy Ebaugh responded to a question on the proffered comments by Commissioner Bigelow
Secretary of Alva, Inc.,
spoke in support of the Alva Plan and the language suggested
three letters from Alva residents
and
in
the Alva Plan.
spoke in support of the NOCP
spoke in support of the Alva Plan and in opposition
to the NOCP by-laws
Mary Povia
spoke in support of the NOCP
spoke in opposition to the NOCP by-laws
spoke in support of the NOCP
spoke in opposition to the NOCP by-laws; and in support of the
Alva Plan
Cheri Mulling
spoke in support of the NOCP, and provided two speaker cards
from
and
who did not wish to speak, but were in
support of the NOCP
spoke in support of the NOCP
Alva resident
spoke in support of the NOCP
who had to leave, and noted
he was in support of the NOCP;
spoke in opposition to the NOCP by laws; and referenced letters
also in opposition from residents of Duke Highway –
Beth Faried, Samy Faried,
,
and
Tom Mulling III
spoke in support of the NOCP
Tom Mulling Sr.
spoke in support of the NOCP
Alva resident
addressed Articles of Incorporation of the NOPC noting especially
Articles 4 and 7
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Commissioners Hall, Bigelow and Manning briefly left the Chambers at various times during public comment. At the
request of Chairman Mann, Chief Assistant County Attorney Donna Marie Collins provided legal opinion regarding a
request by a speaker for a Commissioner to refrain from voting due to a perceived conflict of interest.
strikethroughs in the Alva Plan, mining issues within DRGR lands, density issues, and membership categories.
Commissioner Manning stated his position to transmit both plans, and Commissioner Bigelow commented on his
position to deny transmittal of either plan. Attorney Collins advised, at the request of the Chairman, that a separate
motion on each plan was required.
B.
CPA2010-05:
Adopt the proposed
North Olga Community Plan and the Northeast Lee County Planning Community Goal and subsequent provisions in
response to community planning efforts.
Commissioner Manning moved approval to transmit, seconded by Commissioner Hall for discussion. Each
Commissioner offered their perspective on the plans and issues to be worked on prior to adoption, and the motion was
called and carried with Commissioners Bigelow and Mann voting nay.
C.
CPA2010-17:
Amend the Alva
Community Plan in response to community planning efforts.
Commissioner Manning moved approval to transmit with staff recommended language, seconded by Commissioner
Judah. Discussion ensued on follow-up to the mining language, and the motion was called and carried, with
Commissioner Bigelow voting nay.
Following a short break, the Chairman called the meeting back to order with all Commissioners present.
D.
CPA2010-15:
Captiva Island Community Plan Height Restriction Re-Evaluation.
Amend Policy
13.1.2 to clarify the building and structure height regulations on Captiva Island.
Division of Planning Principal Planner Matt Noble reviewed the amendment request and he and Chief Building and
Permitting Officer Bob Stewart responded to Board questions on flood elevation requirements. Mr. Noble indicated
staff’s commitment to continue to work on revised language with the representative groups between now and
adoption. Planner for the Captiva Community Panel
accompanied by its Executive Director Ken
Gooderham, outlined support for transmittal as proposed. The Chairman called for public comment and the following
persons came forward.
Attorney
Matt Uhle,
height regulations.
spoke in opposition to transmittal
spoke in opposition to transmittal
Phillip Urion
spoke in opposition to transmittal
Mr. Stewart and Chief Assistant County Attorney Donna Marie Collins responded to additional Board questions.
Commissioner Manning moved approval to transmit, seconded by Commissioner Hall. Commissioner Judah
requested more specifics on the anticipated modifications between now and adoption. Mr. Noble outlined the items
that will be the subject of further discussion. The motion was called and carried with Commissioners Mann and
Bigelow voting nay.
E.
CPA2010-22:
Caloosahatchee Shores Community Plan Clarifications.
Amend Map 1, Special
Treatment Areas, Page 2 of 8, Community Planning Areas, to modify the boundary between the Caloosahatchee
Shores and Olga Communities. Clarify the appropriate areas for commercial and mixed uses. Clarify the public
participation language in Policy 21.6.3.
Division of Planning Principal Planner Matt Noble reviewed the amendment request, and pointed out an error in the
last underlined sentence in
Objective 21.2: Commercial Land Uses
the Pavese Law Firm, representing the applicant, Strayhorn family, addressed the inconsistencies recommending that a
period (.) be placed after the last reference to SR 80 in the underlined portion, and replace the phrase, “ that are
determined to be appropriate for commercial uses ...” or “any change to commercial has to be through a Planned
Development” . Mr. Noble suggested the change to read, “if a property requires any re-zoning it must be re-zoned
through Planned Development,” and Attorney Montgomery agreed. At the suggestion of Chief Assistant County
Attorney Donna Marie Collins, the Chairman directed that Attorney Collins, Attorney Montgomery and Mr. Noble
work on the specific language revision immediately following this hearing. The Chairman called for public comment
and the following individual came forward:
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revision and transmittal
Commissioner Manning moved to transmit with amended language that will be finalized for Objective 21.2 and
brought back to the Board, seconded by Commissioner Hall, called and carried.
8. Announce Intent to Conduct Adoption Hearing in the Fall of 2011
The Chairman advised that the adoption hearing would be scheduled before the Board of County Commissioners
some time in the fall of this year.
The Chairman adjourned the meeting at 3:02 p.m.
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